TERMS & CONDITIONS
SELFRIDGES, PACO RABANNE AND VASARELY UNIVERSE NFT’s
TERMS AND CONDITIONS OF UNIVERSE NFTS
COMPANY 1 – PACO RABANNE
COMPANY 2 – VASARELY
COMPANY 3 – SELFRIDGES
COMPANY 4 – CHARLI COHEN
COMPANY 5 – NO STANDING
The parties unveil Universe Collection (the “Collection”) in tandem with our creative collaboration. To mark the occasion, PACO RABANNE and FONDATION VASARELY have each created 12 blockchain-tracked, non-fungible tokens (“NFTs”), each associated with one image (animated or not) of the artwork associated with the Collection, each of which is being sold on The Universe Website from April 20th 2022 to April 20th 2023
“We” or “Us”: means FONDATION VASARELY, PACO RABANNE, CHARLI COHEN AND SELFRIDGES.
“Art” means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with a Universe NFT.
“Buyer”: the person acquiring a Universe NFT which in the case of the initial sale will be through the Universe Website and subsequently may be through an NFT marketplace
“Name and Likeness” means names, nicknames, images, likenesses, marks, copyrights, trade dress colors, trade dress designs, and/or all other intellectual properties of PACO RABANNE or VASARELY
“Operator”: the operator of The Universe Website, being Selfridges and Charli Cohen
“Owner”: the owner of a Universe NFT where proof of such ownership is recorded on the relevant blockchain
“Owner’s Rights” means the rights to a Universe NFT granted by this Agreement and the Smart Contract to the Owner.
“Smart Contract”: a contract between the Owner and the Buyer executed on the blockchain.
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
“Third Party Services” means any services not operated by SELFRIDGES, CHARLI COHEN, PACO RABANNE or FONDATION VASARELY, but provided to You in the context of purchase or use of the Universe NFTs or the Universe Website including but not limited to payment services; purchase, sale and exchange of digital assets; digital asset wallet; hardware wallet; storage services for the Universe NFTs or the Art.
“The Universe Website”: the website accessible at the address www.universenft.live operated by the Operator.
“Universe NFT”: the NFTs offered for sale through the Universe Website each Universe NFT being composed of Artworks and a Smart Contract.
“Utility / Utilities” Means the physical product or service offered in connection with a Universe NFT forming together a “Utility NFT”
“Utility NFTs”: means Universe NFTs that are tied to a Utility.
“You”: a user of The Universe Website and/or the Third Party Services.
The purpose of these Terms and Conditions is to determine the conditions of the sale of the Universe NFTs on the Universe Website by the Operator on behalf of the Owner. You acknowledge that a Universe NFT purchase is an investment that may be subject to certain risks and we draw your attention in particular to clause 8 of these terms.
These terms and conditions constitute a legally binding agreement (the “Agreement”) between, on the one hand (i) Buyer and on the other hand (ii) the Operator on behalf of (iii) VASARELY or (iv) PACO RABANNE as specified in the Smart Contract governing the sale. This Agreement governs the purchase of the Universe NFTs, details of which is further described in the Smart Contract of the purchased Universe NFT.
BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, ACCEPT ALL OF ITS TERMS AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN AND ALL OF THIRD PARTY SERVICES’ TERMS OF SERVICE. If You do not agree to the terms and conditions of this Agreement and/or third-party services’ Terms of Service, You may not proceed with the purchase of the Universe NFTs nor benefit from the Owner’s Rights.
2.1. Participation in the sale is open only to individuals who have the right and authority, in accordance with relevant applicable laws, to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein and who are using currency that such party is the lawful holder thereof. You further represent and warrant that You are at least 18 years old, or the age of majority in Your country or territory, whichever is older.
2.2 The Buyer further agrees to provide Us or MoonPay with all information and documents We request in order to verify Your identity and to confirm that the crypto currency payment was made from the Buyer’s Crypto Wallet and/or provide additional information and documents in cases where it has reasons to believe that You are involved in money laundering or in any other illegal activity or that You are in breach of this Agreement. This verification may take up to three weeks and consequently postpone the effective transfer of the purchased Universe NFT from PACO RABANNE or VASARELY’s Crypto wallet to the Buyer’s Crypto Wallet, which shall not occur in any event prior to the expiry of a fourteen (14) day period. In such cases the Operator, in its sole discretion may pause or cancel Your purchase and, as the case may be, is entitled to deny the transfer of the Universe NFT to the Buyer’s Crypto Wallet and terminate the Agreement in the condition defined in Section 6 below.
2.3 You acknowledge and agree that in some countries, and for certain people or entities, there may be restrictions on the purchase of NFTs under applicable export control and sanctions laws and regulations or restrictions on the sale of NFT, and therefore Your ability to purchase a Universe NFT may be limited or restricted without any liability of PACO RABANNE, SELFRIDGES, VASARELY or CHARLI COHEN.
2.4 The Universe NFTs sold by the Operator on behalf of PACO RABANNE through the Universe Website will be capped at 562 Universe NFTs, as indicated below:
|Name||Reference||Number of NFTs|
|Transparent Rhodoïd™Diamond Cape||HC-SS69||1 (Utility NFT)|
|Graphite Metallic Samurai Suit||HC-FW9091||1 (Utility NFT)|
|Bubble Mini Dress||HC-SS96||56 NFTs|
|Fuchsia Mini Dress||HC-SS97||56 NFTs|
|Laser Disc Drag Dress||HC-SS88||56 NFTs|
|Tutu Mini Dress||HC-FW9697||56 NFTs|
|Slide Mini Dress||HC-SS96||56 NFTs|
|Apron Dress||HC-SS70||56 NFTs|
|Logo Dress||HC-SS99||56 NFTs|
|Rhinestone Disc Dress||HC-SS97||56 NFTs|
|Chainmail Dress||HC-SS99||56 NFTs|
|Circuit Boards Jumpsuit||HC-FW9798||56 NFTs|
The Utility NFTs sold by the Operator on behalf of PACO RABANNE the Universe Website are referenced: “Transparent Rhodoïd™ diamonds cape”; and “Graphite Metallic Samurai Suit”
Each Utility NFT sold by the Operator on behalf of PACO RABANNE includes the right to request one physical made-to-measure suit/cape as the case might be from PACO RABANNE (“Piece”). When You buy a Utility NFT You own the Utility NFT you purchased and the ‘made-to-measure’ Piece it corresponds to once such Piece has been made for you.
To this aim, each Utility NFT may be redeemed for the corresponding Piece, during a period of one (1) year as from purchase of the corresponding Utility NFT (the “Piece Redemption Period”), by contacting email@example.com, including in the subject “Redemption of PR Utility NFT and the reference of the corresponding NFT”, to verify the necessary details to arrange for the provision of the services (e.g. appointment to take measurements and make up the corresponding Piece, including the necessary fittings) and the delivery of the corresponding Piece. If You do not make a redemption request within the Piece Redemption Period, then you will lose your right to redeem the Piece. You acknowledge and agree that the Piece is intended for Your personal use only. For the avoidance of doubt, the Utility NFT can be redeemed only once, meaning that once redeemed, the Utility NFT will become a regular NFT that can be transferred, as such, under the conditions set forth in this Agreement.
The Utility must be redeemed within the Piece Redemption Period, after which point the Utility offer will expire. Fittings for the Piece shall be carried out at the PACO RABANNE store located at 39 Av. Montaigne, 75008 Paris, France. A maximum of 2 fittings will be undertaken. Any additional costs in respect of travel to and from the fittings is not covered and will be the responsibility of the Buyer. The completed Piece will be sent by courier to the address provided by the Buyer or made available for collection by the Buyer in such case in the same location of the fitting, within 4 months of the final fitting. Due to the bespoke nature of the Pieces, no returns or refunds will be available.
In respect of the ‘Transparent Rhododid TM diamonds cape” it should be noted that ‘diamonds’ refers to the shape of the materials and no diamonds will be used in the construction of the cape, it will be created using Plexiglass.
Additional terms and conditions may apply, as provided for the description of the Utility NFT, as reasonably required by the issuer or as required by applicable law. In the event that the record holder of the Utility NFT refuses to comply with these additional terms, PACO RABANNE reserves the right to cancel the redemption right and deny the making up of the Piece, without any compensation to any party.
To the maximum extent permitted by mandatory applicable law, the acquisition of a Universe NFT, including associated charges, are non-refundable.
2.5 The Universe NFTs sold by the Operator on behalf of FONDATION VASARELY through the Universe Website are as indicated below:
|Reference||Number of NFTs|
the Utility NFTs sold by the Operator on behalf of FONDATION VASARELY through the Universe Website are referenced: “OUR MC”, “ZETT”, ”MAJUS”, “AXO”, “TLINKO” and “GESTALT”.
Each Utility NFT “OUR MC” and “ZETT” includes the right for the Buyer to redeem a private dinner for up to 2 persons and private tour of Fondation Vasarely (“Museum”) for up to 4 persons and to have an individual plaque with name of the Buyer placed in the Museum.
Each Utility NFT ”MAJUS” “AXO” “TLINKO” and “GESTALT” includes the right for the Buyer to redeem a private tour of the Museum for up to 8 persons and the right to have the name of the Buyer on a collective plaque mentioning the name of all Buyers of the corresponding Utility NFT.
Utilities must be redeemed during a period of two years as from purchase of the corresponding Utility NFT (the “Utility Redemption Period”), by contacting firstname.lastname@example.org to verify the necessary details to arrange for the provision of the Utilities. If You do not make a redemption request within the Utility Redemption Period, then you will lose your right to redeem the Utility. For the avoidance of doubt, the Utility NFT can be redeemed only once, i.e by the first Buyer, meaning that once redeemed, the Utility NFT will become a regular Universe NFT that can be transferred, as such, under the conditions set forth in this Agreement, but with no right to any Utility.
Additional terms and conditions may apply, as provided for the description of the Utility NFT, as reasonably required by the issuer or as required by applicable law. In the event that the record holder of the Utility NFT refuses to comply with these additional terms, FONDATION VASARELY reserves the right to cancel the redemption right, without any compensation to any party.
You acknowledge and agree that PACO RABANNE and/or FONDATION VASARELY, owns all legal right, title, and interest in and to the Art and Name and Likeness, and all intellectual property rights therein. The rights that You have in and to the Universe NFT and Art are limited to those expressly stated in Section 4 of this Agreement. PACO RABANNE and/or FONDATION VASARELY reserve all rights and ownership in and to the Universe NFT, Name and Likeness, and Art not expressly granted to You in Section 4 of this Agreement.
4.1. Owner’s Rights. Owners acknowledge and agree that the Universe NFTs are made available solely for entertainment purposes. Without limiting the foregoing and subject to the Owner’s continued compliance with this Agreement (and Third Party Services’ Terms of Service), PACO RABANNE & FONDATION VASARELY grants the Owner a worldwide, non-exclusive, revocable, non-transferable (except as specifically provided below in Section 4.2 below), with no right to sub-license royalty-free license, and solely for the Owner’s own personal, non-commercial use, to (i) store the Owner’s Universe NFT in the Owner’s Crypto Wallet; and (ii) display the Art associated with the Owner’s Universe NFT.
4.2. Permissible Transfers of the Owner’ Universe NFT. The Owner has the limited right to transfer the NFT through third party marketplaces such as OpenSea, provided that the Owner ensure that:
The transferee and any subsequent transferee are bound by all of the terms of this Agreement and all of the terms of the Third Party Services, is paid eight percent (8%) of the gross amounts paid by such transferee (including any subsequent transferee) relating to the Universe NFT. HYPERMINT will receive two percent (2%) of the gross amounts paid by such transferee (including subsequent transferee) relating to the Universe NFT. The Owner acknowledges and agrees that the foregoing amounts payable to FONDATION VASARELY or PACO RABANNE under Section 4.2 hereof do not include, and are not intended to cover, any additional fees imposed or required by OpenSea or other Third Party Services, including without being limited to gas fees; the Owner has not prior to the transfer breached this Agreement or the Third Party Services’ Terms of Service; prior to the transfer, the Owner’s license to the Universe NFT has not been terminated;the transferee’s digital wallet is not owned by or associated with (i) a citizen or resident of, or located in, a geographic area that is the target of sanctions or embargoes imposed by the European Union, the United Kingdom, the United Nations or the United States or (ii) an individual, or an individual employed by or associated with an entity, identified on the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the US Department of State’s Debarred Parties List, or similar lists promulgated by the government of the European Union, the United Kingdom, or the United Nations.
The Owner transferring the ownership acknowledges and agrees that, upon the transfer of the Universe NFT pursuant to Section 4.2, (i) the Owner’s Rights granted under Section 4.1 shall terminate; and (ii) the transferee shall become the new Owner.
The parties acknowledge and agree that any ‘utilities’ included in the Universe NFT purchase are for the benefit of the initial Buyer only and no subsequent Owner will have any rights to any utilities. PACO RABANNE and/or FONDATION VASARELY, as applicable, shall have sole responsibility for the provision of the utilities to the initial Buyer.
4.3. If at any time the Owner transfers or otherwise disposes of the Universe NFT for any reason, or if the license is terminated pursuant to Section 6, the license granted herein will immediately terminate with respect to that Universe NFT without the requirement of notice, and the Owner will have no further rights with respect to the Universe NFT.
5.1. Unless expressly permitted in this Agreement or with PACO RABANNE or VASARELY’s written consent, You may not:
(i) modify the Art associated to the Universe NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
(ii) use the Art associated to the Universe NFT or the Piece associated to the Utility NFT to advertise, market, or sell any third-party product or service;
(iii) use the Art associated to the Universe NFT or the Piece associated to the Utility NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv) use the Art associated to the Universe NFT or the Piece associated to the Utility NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section 4.1 above or solely for the Owner’s own personal, non-commercial use;
(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art associated to the Universe NFT or the Piece associated to the Utility NFT;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art associated to the Universe NFT or the Piece associated to the Utility NFT; or
(vii) otherwise utilize the Art associated to the Universe NFT or the Piece associated to the Utility NFT for Your or any third party’s commercial benefit.
5.2. To the extent that Art associated to the Universe NFT or the Piece associated to the Utility NFT contains any third-party intellectual property rights, You understand and agree as follows:
(i) that You will not have the right to use intellectual property rights in any way except as incorporated in the Art associated to the Universe NFT or the Piece associated to the Utility NFT, and subject to the license and restrictions contained herein; and
(ii) that, depending on the nature of the license granted from PACO RABANNE, FONDATION VASARELY may need to place additional restrictions on the Owner’s right to use the Art or the Piece associated to the Utility NFT.
5.3. The restrictions set forth in this Section 5 will survive the expiration or termination of this Agreement.
6.TERMINATION OF THE LICENSE
The Owner’s Rights granted hereunder shall automatically terminate and all rights shall return to PACO RABANNE or FONDATION VASARELY if:
(i) at any time the Owner sells, trades, donates, gives away, transfers, or otherwise disposes of the Universe NFT for any reason except as specially provided in Section 4.2 of this Agreement;
(ii) Conditions of Section 2.5 are met;
(iii) the Owner breaches any of the terms of this Agreement and/or the Third Party Services’ Terms of Service;
(iv) the Owner has a trustee, receiver or similar party appointed for the Owner’s property, becomes insolvent, acknowledges insolvency in any manner, makes an assignment for the benefit of the Owner’s creditors, or files a petition of bankruptcy;
(v) the Owner engages in any unlawful business practice related to the Universe NFT;
(vi) the Owner initiates any legal actions, provided herein, against SELFRIDGES, CHARLI COHEN, PACO RABANNE or FONDATION VASARELY and/or and each of their parent, subsidiary and affiliate companies, and each of their respective officers, directors, members, affiliates, agents, attorneys and employees;
(vii) the Owner disparages SELFRIDGES, CHARLI COHEN, PACO RABANNE or FONDATION VASARELY or any parties related to PACO RABANNE or FONDATION VASARELY; or
(viii) any of the Third Party Services ceases to provide their respective services.
7. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by applicable mandatory laws, the Universe NFT and associated Art are provided “as is” and “as available” excluding any warranties of any kind, including, without limitation, any warranty for information, data, uptime or uninterrupted access, any warranties concerning the availability, correctness, accuracy, reliability, usefulness, or content of information, and any merchantability or fitness for a particular purpose, and We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Universe NFT and associated Art, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Universe NFT will meet Your requirements. No advice, results or information, whether oral or written, obtained by You from Us or in relation to the Universe NFT and/or associated Art shall create any warranty not expressly made herein.
7.2 To the maximum extent permitted by applicable mandatory law, We will not be liable to You for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use, Third Party Services, the Universe NFT and associated Art, including but not limited to any losses, damages or claims arising from: (i) Your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the app, network, or the electronic account or (v) security weaknesses, fraud, counterfeiting, and other technological difficulties.
7.3 We are not responsible for losses due to blockchains or any other features of the Polygon network or Third Party Services, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Polygon network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing laws thereto.
7.4 We have no control over any Third Party Services. You acknowledge and agree that We are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Party Services, or as a result of any reliance placed by You upon the protection and/or storage of any data You provide to those Third Party Services, or upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Party Services. Please read the general terms applicable to such Third Party Services as You will be required to comply with such terms.
8. ASSUMPTION OF RISK
As noted above, the Universe NFTs, including Utility NFTs, are made available solely for entertainment purposes. You agree that You assume the following risks:
(A) To the extent there is a price or market for a blockchain asset such as a non-fungible token, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including the Universe NFT, and there is no guarantee that the Universe NFTs will have or retain any value;
(B) the commercial or market value on an Universe NFT that You purchase may materially diminish in value as a result of a variety of things such as negative publicity in connection with the PACO RABANNE or FONDATION VASARELY brands;
(C) SELFRIDGES, CHARLI COHEN, PACO RABANNE and FONDATION VASARELY do not make any promises or guarantees about the availability of the Universe NFT, the Utility NFT or the Art on the Internet or that they will host the Universe NFT or the Art at any specific location and/or for any specific period of time;
(D) upgrades to the POLYGON platform, a hard fork or other change in the POLYGON platform, a failure or cessation of POLYGON, or a change in how transactions are confirmed on the POLYGON platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation Universe NFTs;
(E) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Universe NFT;
(F) the risks related to taxation;
(G) that non-fungible tokens are not legal tender and are not back by any government; and
(H) SELFRIDGES, CHARLI COHEN, PACO RABANNE and FONDATION VASARELY is not responsible for any transaction between the Owner and a third party, including but not limited to transfers carried out pursuant to Section 4.2, SELFRIDGES, CHARLI COHEN, PACO RABANNE and FONDATION VASARELY shall have no liability in connection with any such transaction. In addition to assuming all of the above risks, the Owner shall (i) have obtained sufficient information to make an informed decision to license the Universe NFT, (ii) understand and agree that the Owner is solely responsible for determining the nature, potential value, suitability and appropriateness of these risks.
9.PAYMENT SERVICE PROVIDER
The Universe Website includes payment services provided by Third Party Service Provider (in particular Moonpay) in order to enable the Buyers to pay for the purchase of the Universe NFTs. Such payment services may be provided by the Third Party Service Provider mentioned on the Universe Website, under their own responsibility, according to their own terms and conditions which are accepted by the Buyer. In any case, no personal or payment data will be collected or processed by SELFRIDGES, CHARLI COHEN, PACO RABANNE or FONDATION VASARELY. Where a Buyer uses the services of the Third Party Service provider, Moonpay, the payment transactions are conducted on the Moonpay site. The terms of the customers own digital wallet provider shall apply and where applicable the Moonpay terms of service (https://www.moonpay.com/legal/terms_of_use).
This Agreement and all matters related to it and/or any Universe NFT shall be governed by, construed, and enforced in accordance with English law and the English courts shall have exclusive jurisdiction with the exception of any claim or dispute against the FONDATION VASARELY or PACO RABANNE in which case this agreement shall be governed by the provisions of French law and the courts of Paris, France shall have exclusive jurisdiction.
You will defend, indemnify, and hold SELFRIDGES, CHARLI COHEN, PACO RABANNE and FONDATION VASARELY, including each of their respective affiliates, subsidiaries, parents, successors and assigns, and each of SELFRIDGES, CHARLI COHEN, PACO RABANNE and FONDATION VASARELY’S respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your license, sale or possession of the Universe NFT, including: (1) Your breach of this Agreement or the documents it incorporates by reference; (2) Your violation of any law or the rights of a third party as a result of Your own interaction with such third party; (3) any other activities in connection with the Universe NFT. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
You are responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise. The applicable sales tax rate will be determined based upon the state or country where You are located. SELFRIDGES, CHARLI COHEN, PACO RABANNE and FONDATION VASARELY are not responsible for determining the taxes that may apply to Your transaction(s).
If You are provided a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
We may revise this Agreement from time to time. You should read this Agreement carefully prior to the purchase of the Universe NFT.
The Agreement in force at the time of the purchase of the Universe NFT will apply. If We revise this Agreement and You have already purchased an Universe NFT, the revised Agreement will not apply to such purchase.
16. OTHER IMPORTANT TERMS
We may transfer Our rights and obligations under this Agreement to another organization, but this will not affect Your rights or Our obligations under this Agreement. You may only transfer Your rights or Your obligations under this Agreement to another person if We agree in writing.
This Agreement is between You and Us. No person who is not a party to this Agreement shall have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.
If We fail to insist that You perform any of Your obligations under this Agreement, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and any written waiver does not mean that We will automatically waive any later default by You.
17. DATA PROTECTION