Imaginary HUGO Terms and Conditions

Revision 10 October 2022

These HUGO BOSS NFT License Terms ("Terms") set forth the terms and conditions applicable to certain Digital Products (as defined below) made available through third party platforms such as marketplaces like or other websites allowing the creation of NFTs ("Platform"). When acquiring any non-fungible blockchain-based digital token ("NFT") associated with content by HUGO BOSS Trade Mark Management GmbH & Co. KG, D-Metzingen, Niederlassung CH-Zug, Baarerstrasse 135, 6300 Zug, Switzerland ("HB NFT") through the Platform or by subsequently acquiring any such HB NFT or derivative NFT from any previous owner, you have to agree to be bound by these Terms. For the avoidance of doubt, the sale of the HB NFT is governed by the terms and conditions of the Platform.

  1. Each HB NFT made available through the Platform is associated with certain digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available ("HUGO BOSS Content"). The HUGO BOSS Content is licensed to you as set forth in these Terms. The "Digital Product" consists of the applicable HB NFT originally acquired/created through the Platform (so-called "Mintpass"), the derivative NFT created with the HB NFT/Mintpass and the license rights to the HUGO BOSS Content granted pursuant to these Terms for the HUGO BOSS Content (that are associated with the HB NFT/Mintpass).
  2. HUGO BOSS grants you a limited, personal, non-exclusive, non-sublicensable, worldwide license under any copyright owned by HUGO BOSS in any HUGO BOSS Content to display and perform the HUGO BOSS Content for personal, non-commercial use. For the avoidance of doubt, the license may be transferred to another person as part of a transaction (i.e. but only as part of a sale/transfer of the HB NFT/Mintpass or (derivative) NFT).
  3. There are no other license rights, whether express or implied, with respect to any of the HUGO BOSS Content or any derivative works thereof, and no additional license rights are granted under any patent, trademark, trade secret or other intellectual property or proprietary right other than any copyright owned or controlled by HUGO BOSS. Without limiting the foregoing, the licenses granted herein do not grant you the right to, and you will not, and you will not authorize, permit or assist any third party to:
    1. Modify or create any derivative work of any HUGO BOSS Content;
    2. Delete, remove or obscure any trademark notice, copyright notice or other intellectual property notice in any HUGO BOSS Content;
    3. Exercise any license rights herein to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or illegal;
    4. Use the license in a way, which could harm the reputation of HUGO BOSS. This shall include, but is not limited to, the use in relation to, as part of, in combination, or otherwise with illegal content, pornography, weapons, military, violence, war, drugs, cigarettes, or alcohol.
    5. Reverse engineer, decompile or attempt to discover the source code for any NFT or HUGO BOSS Content except to the extent that applicable law permits you to do so notwithstanding this prohibition; or
    6. Use any HUGO BOSS Content in any manner not expressly authorized herein or exercise any license rights herein in any manner that violates applicable law.
  4. HUGO BOSS retains all right, title and interest in the HUGO BOSS Content and all copyright or other intellectual property rights in any HUGO BOSS Content. Except for the license rights expressly granted in Section 2, above, you do not have and will not have any right, title or interest in or to any HUGO BOSS Content. Without limiting the foregoing, the HUGO BOSS Content may include trade names, brands, logos, trademarks, names, likenesses, images or other personal characteristics of persons or characters ("Embedded IP"). Your use of such Embedded IP is limited to use in connection with the exercise of your license rights under these Terms and subject to all limitations set forth herein. You may not use any such Embedded IP in connection with any business, product or service, or in any manner that may imply endorsement of any business, message, product or service, or that is likely to cause confusion or dilute, blur or tarnish such Embedded IP. All use of such Embedded IP, including any goodwill generated by such use, will inure to the benefit of HUGO BOSS.
  5. HUGO BOSS has the right to use the HUGO BOSS Content for use on social media and non-commercial, internal use for documentation/ archive purposes.
  6. You will not create, sell or attempt to create or sell, fractionalized interests in the NFT or the Digital Products, or separate, unlink or decouple the HUGO BOSS Content from the NFT with which it is associated.
  7. To the extent that you are not prohibited from doing so by any other terms or conditions applicable to a particular NFT or Digital Product, you may transfer the HB NFT/Mintpass or the derivative NFT (including the associated HUGO BOSS Content) to a third party, provided that the following conditions are met:
    1. Such transfer is conducted through a marketplace or other platform that cryptographically verifies that you are the actual owner of the applicable NFT;
    2. Such transfer must comply with (i) any applicable terms of the marketplace or other platform on which such sale or other transfer takes place and (ii) any applicable laws, regulations, regulatory guidance, and rules;
    3. Prior to such sale or other transfer, you or the marketplace/platform must (i) provide written notice to the would-be transferee that such transferee's exercise of the license rights included as part of the Digital Products will be conditional upon such transferee agreeing to be bound by these Terms, and (ii) ensure that such transferee is provided with an opportunity to review these Terms; and
    4. After such transfer, your right to display and perform the HUGO BOSS Content and all other license rights under these Terms will immediately terminate (without the requirement of notice).
  8. From time to time at its discretion, HUGO BOSS may make additional content, physical items or other benefits available to the holder of the applicable NFT (any of the foregoing, an "Additional Benefit"). It will be your responsibility to keep yourself apprised of the availability of any Additional Benefit and to take the necessary steps to apply for or collect any Additional Benefit. Additional terms and conditions may apply to any Additional Benefit. In this case, these terms will be set forth in the information or materials provided with the Additional Benefit. Except to the extent set forth in such information or materials which shall supersede and govern over any conflicting or inconsistent provisions in these Terms, any digital works of authorship made available by HUGO BOSS as an Additional Benefit will be licensed on the same terms set forth herein for, and will otherwise be treated as, HUGO BOSS Content. Any physical item provided as an Additional Benefit is not part of the HUGO BOSS Content and, except as otherwise provided in any separate terms and conditions applicable to the Additional Benefit, you will not have any license rights under any intellectual property rights in or to any such physical item.
  9. HUGO BOSS is liable in accordance with the statutory provisions if damage is caused by an intentional or gross negligent breach of duty by HUGO BOSS or one of its legal representatives or agents. HUGO BOSS is also liable without restrictions for damages from injury to life, body or health, for feature which are a contractually guaranteed condition and for fraudulently concealed defects. Further, the liability under the German Product Liability Act remains unaffected. HUGO BOSS is liable for slight negligent breaches of essential contractual obligations. Essential obligations are (i) such the breach of which is putting at risk the achievement of the contractual purpose, (ii) only enable performance or fulfillment of the contract and are regularly relied upon by the other party. In this case, HUGO BOSS is only liable for the typically foreseeable damages. HUGO BOSS is not liable for slight negligent breaches of any other obligations than those mentioned in the previous sentences. To the extent liability is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or agents.
  10. These Terms do not, and may not be construed to, create any partnership, joint venture or agency between the licensee and HUGO BOSS.
  11. These Terms will be construed in accordance with the laws of Germany, and without regard to conflicts of laws principles to the contrary. Where consumers have their usual place of residence in another country within the European Union at the time of the respective conclusion of the Terms, the application of mandatory statutory provisions of that country will remain unaffected by the choice of law made in the afore sentence. German courts shall have exclusive jurisdiction in case the licensee is a merchant.
  12. If any provision of these Terms is found to be invalid, the invalidity shall not affect the validity and enforceability of any remaining provisions.