CryptoBatz

CryptoBatz™ Terms of Service

1. Introduction to the CryptoBatz™

Welcome to CryptoBatz! CryptoBatz™ is a collection of 9,666 characters created as NFT art by Sutter Systems LLP ("Sutter Systems," "we," "our" or "us") and Ozzy Osbourne, the CryptoBatz™ co-founder ("Ozzy"). We expect that the CryptoBatz NFTs will bring fun and enjoyment to everyone who see them! Thank you so much for visiting our Site and if you have any questions feel free to reach out to us on one of our social media accounts, including our pages on Discord®, Facebook® and Twitter® (collectively, "Social Media Pages").

Discord® is a registered trademark of Discord Inc. ("Discord"). Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that Sutter Systems is not in any way affiliated with Discord, Facebook or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the aforementioned entities.

2. Legal Background

The CryptoBatz™ website located at www.cryptobatz.com (the "Site") is owned and operated by Sutter Systems. The following CryptoBatz™ Terms of Service are inclusive of the CryptoBatz™ Privacy Policy, and any and all other applicable operating rules, policies, schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").

Each end-user ("User," "you" or "your") agrees to the terms and conditions of the Agreement in their entirety, when she/he/it: (a) accesses or uses the Site; (b) accesses and/or views any of the videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content featured on the Site, as made available by Sutter Systems (collectively, the "Content"); (c) accesses links to Sutter Systems' Social Media Pages; (d) purchases one of the unique non-fungible token ("NFT") images featured on the Site, including those created by Sutter Systems in collaboration with Ozzy Osbourne (collectively, "CryptoBatz NFT"); and/or (e) utilizes the contact form and/or other functionality as a means to request to be contacted by Sutter Systems (collectively, "Contact Services," and together with the Site, Content, Social Media Pages and CryptoBatz NFTs, the "Site Offerings").

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD, PURCHASE AND/OR USE, AS APPLICABLE, THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST SUTTER SYSTEMS, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, MARKETING PARTNERS AND CO-FOUNDER (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").

3. What We Own

The names, logos and other Intellectual Property associated with the Sutter Systems, the Site Offerings and/or Ozzy, including the CryptoBatz NFTs, are owned by Sutter Systems and Ozzy, as applicable. All rights that are not specifically granted to Users, including owners of CryptoBatz NFTs, are reserved by Sutter Systems and Ozzy, as applicable. This includes, but is not limited to, the intellectual property rights surrounding the images, names, logos, 3D layer files, trademarks, the Site, the ability to mint 3D or voxel or other versions of CryptoBatz NFTs, the look and feel of the user interface, the smart contract code, or anything else not specifically granted by any of the following licenses.

4. What You Own and What You Can Do With It

By connecting your Ethereum "Wallet" and purchasing a CryptoBatz NFT, via our smart contract, you have obtained your own CryptoBatz NFT! You can show it off, use it as your pfp, sell it, and even merchandise it.

5. Specifics on Commercial and Derivative Rights

We appreciate your desire to utilize CryptoBatz NFTs in various commercial ways, and we are open to you doing just that! When it comes to limiting commercial rights, however, we want you as an NFT holder to realize that you may use the CryptoBatz NFT image in its fullness only! The individual layered files and traits are proprietary and are our own creation. You are not permitted to create derivative works, or new works, utilizing any individual layered files and traits that are separated from the CryptoBatz NFT image as a whole; provided, that derivative works featuring the Artist NFT image in full shall be permitted subject to certain restrictions. You are not permitted, under any circumstances, to mint new NFTs that are derivatives of our CryptoBatz NFTs, change the original CryptoBatz NFT, or mint another NFT using our CryptoBatz NFT in any way.

Other than that, you can create whatever merchandise you would like, and sell same. In addition to the foregoing limitations, Users may not engage in any commercial use of any CryptoBatz NFT in connection with any material, venture, product and/or service which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, objectionable, unreasonable or that infringes upon any intellectual property rights, proprietary rights or confidentiality obligations. Each User shall indemnify and defend Sutter Systems and Ozzy from and against any and all claims, damages, proceedings, loss or costs arising from any such prohibited use. User shall not use the CryptoBatz in any way that could be construed as being adverse, negative or derogatory to the image and/or reputation of CryptoBatz, Sutter Systems or Ozzy.

6. No Guarantees or Future Promises

When you purchase a CryptoBatz NFT, you agree that your purchase from that launch of NFTs is all you are guaranteed to receive in exchange for your funds. Whether through primary or secondary channels, the art is what you receive. Any future benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by Sutter Systems in connection with making a purchase.

7. CryptoBatz NFTs Are Not Intended as Investments

CryptoBatz NFTS are meant to be fun NFTs for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that the CryptoBatz NFTs will be worth anything more than what you and the market deem the art to be worth. This could very well be zero monetary value. You understand and agree that the CryptoBatz NFTs have no inherent monetary value, and they should be treated as nothing more than a collectible with potential future value or lack thereof.

No element of the Site, Site agreements, Site offerings and/or CryptoBatz NFTs qualifies as, or is intended to be, an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. NFTs, cryptocurrencies and blockchain technology are relatively new technologies and the regulatory landscape is unsettled. New regulations applicable to these technologies could negatively impact the value of your CryptoBatz NFTs. You are solely responsible for ensuring that the purchase of CryptoBatz NFTs complies with the laws and regulations of your jurisdiction.

8. Payment Terms; Taxes

(a) Where a User wishes to obtain a CryptoBatz NFT, and upon such User connecting her/his/its Wallet to the designated area of the Site, that User's Wallet will be charged the applicable purchase fee (the "Fees") for the applicable CryptoBatz NFT. ALL FEES ARE FINAL PAYMENTS AND NON-REFUNDABLE.

(b) Users are entirely responsible for the safety and management of their own private Ethereum Wallets and validating all transactions and contracts generated by and through the Site before approval of same. Subject to the conditions set forth herein, you agree to be bound by the billing provisions of Sutter Systems ("Billing Provisions") in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Sutter Systems reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Subsequent payment of Fees after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any Fees incurred prior to the applicable amendment or modification. Sutter Systems' authorization to bill for purchases may be obtained by way of your electronic signature. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. Sutter Systems' reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

You are entirely responsible for any tax liability which may arise from minting or reselling your CryptoBatz.

9. Registration Requirements and Necessary Equipment

The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and are acting either in their individual capacity, or in their capacity as duly authorized representatives of a valid business entity ("Entity"). If a User is under eighteen (18) years of age (or the applicable age of majority in her/his respective jurisdiction, if greater than eighteen (18) years of age), if that User is unable to enter into legally binding contracts under applicable law, and/or if that User is attempting to represent an Entity but is not in acting in her/his capacity as a duly authorized representative of that Entity, that User does not have permission to access or use the Site Offerings.

Users shall be responsible, at all times, for ensuring that they have an Internet connection, computer/mobile device, up-to-date Internet browser version, a functioning Wallet capable of accessing the CryptoBatz NFT, any cryptocurrencies necessary to purchase and/or sell the CryptoBatz NFTs including, where applicable, Ethereum ("ETH"), a functioning an e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Sutter Systems does not guarantee the quality, speed or availability of the Internet connection associated with any mobile device and/or computer. Sutter Systems does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to use of the Site Offerings through a wireless device. Users are fully responsible for all such charges and Sutter Systems has no liability or responsibility to any User, whatsoever, for any such charges billed by any wireless carrier.

10. Indemnification

Each User and the Entity that she/he represents (if applicable) agrees to indemnify, defend and hold the Covered Parties harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from or related to: (a) that User's/Entity's improper and/or unauthorized use of the Site Offerings; (b) that User's/Entity's violation of any law and/or breach of the Agreement in any manner whatsoever; and/or (c) that User's/Entity's violation of any rights of another individual and/or entity. The provisions of this Section 10 are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

11. Disclaimer of Warranties

THE SITE OFFERINGS, CRYPTOBATZ NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SUTTER SYSTEMS MAKES NO WARRANTY THAT THE SITE OFFERINGS, CRYPTOBATZ NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, AS WELL AS BLOCKCHAIN TECHNOLOGY: (A) WILL MEET ANY USER'S/ENTITY'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS, CRYPTOBATZ NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SUTTER SYSTEMS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS, NFT MARKETPLACES AND/OR BLOCKCHAIN TECHNOLOGY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM SUTTER SYSTEMS OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Please be aware that the prices of NFTs are extremely volatile and price fluctuations in ETH could impact the price of your CryptoBatz NFTs both positively and negatively. Given the volatility, CryptoBatz NFTs should not be considered an investment. You assume all risks in connection therewith. No information and/or Content made available by and through the Site Offerings is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, no element of the Site Offerings qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. It remains your sole and exclusive responsibility to assure that the purchase and sale of the of the CryptoBatz, and the use of cryptocurrencies, complies the with laws and regulations in your jurisdiction.

You assume all risks associated with using an Internet-based cryptocurrency including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your CryptoBatz. You understand and accept all risk in that regard. Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

12. Limitation of Liability

EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT NEITHER SUTTER SYSTEMS NOR THE CO-FOUNDER SHALL BE LIABLE TO THAT USER, THE ENTITY THAT SUCH USER REPRESENTS (IF ANY) OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUTTER SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES AND/OR THIRD-PARTIES; (D) ANY MATTER RELATED TO THE ETHEREUM PLATFORM OR CRYPTOCURRENCY, BLOCKCHAIN TECHNOLOGY AND/OR ANY USER'S WALLET; (E) THE FAILURE TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME, REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, CRYPTOBATZ NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER, ON HER/HIS BEHALF AND ON BEHALF OF THE ENTITY THAT SHE/HE REPRESENTS (IF ANY), HEREBY RELEASES SUTTER SYSTEMS AND CO-FOUNDER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF SUTTER SYSTEMS AND CO-FOUNDER TO ANY USER AND/OR ENTITY UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS, CRYPTOBATZ NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER, ENTITY OR SUTTER SYSTEMS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER, ENTITY AND SUTTER SYSTEMS. ACCESS TO THE SITE OFFERINGS, INCLUDING THE CRYPTOBATZ, WOULD NOT BE PROVIDED TO ANY USERS AND/OR ENTITIES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF SUTTER SYSTEMS AND CO-FOUNDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association ("AAA") in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

Originals by Ozzy Osbourne Terms & Conditions

Welcome to Originals by Ozzy Osbourne. Ozzy has spent many years painting in private and we are delighted to be able to present an exclusive opportunity for all CryptoBatz holders to be able to claim one of four original Ozzy Osbourne artwork pieces. Thank you for visiting our terms and if you have any questions feel free to reach out to us. We hope you treasure and enjoy the artwork.

You have previously purchased a CryptoBatz NFT and accordingly are the owner of such CrypoBatz NFT. Your purchase was made pursuant to and subject to certain Terms of Service (the "Terms of Service") between you and Sutter Systems LLP ("Sutter Systems", "we", "our" or "us") and Ozzy Osbourne, the CryptoBatz co-founder ("Ozzy").

Ozzy has created four pieces of art to be associated with the CryptoBatz NFTs (herein referred to as the "Originals by Ozzy Osbourne").

Owners of a CryptoBatz NFT are being given an opportunity to claim a free Originals by Ozzy Osbourne NFT on the terms set out below.

The terms and conditions that apply to any claim by you and subsequent ownership of an Originals by Ozzy Osbourne NFT are (a) the Terms of Service that applied to your purchase of your CryptoBatz NFT (these are attached here) and (b) the terms set out below. Where the terms set out below differ from or conflict with the Terms of Service the terms set out below shall apply.

By connecting your Ethereum "Wallet" you can claim a free Originals by Ozzy Osbourne NFT. After such successful claim you shall be the owner of such Originals by Ozzy Osbourne NFT. As an owner you shall be free to show it off, use it as your pfp or background display, permission to print for personal use only and sell the NFT through secondary channels. Should you want to explore any commercial arrangement or usage, please reach out to the team to discuss it further.

We appreciate your support of the project and that ownership in full is common in Web3 communities. However, this is an incredibly personal gift that Ozzy is kindly providing his CryptoBatz community so for the avoidance of doubt, save as set out in 5 above you shall not be entitled to use, copy, alter or add to, create derivative or new works of, reproduce (including reproduction on items of merchandise), distribute, sell or otherwise commercially exploit your Originals by Ozzy Osbourne NFT in any way whatsoever including using any individual layered files and traits that are separated from your Originals by Ozzy Osbourne NFT as a whole. Specifically, you shall not be entitled to mint new NFTs that are derivatives of your Originals by Ozzy Osbourne NFT.

All rights (including copyright) in the original Originals by Ozzy Osbourne and all parts thereof shall remain with Ozzy who shall be entitled to make the fullest use thereof including to use, make copies, alter and add, to create derivative or new works, reproduce (including reproduction on items of merchandise), distribute, sell or otherwise commercially exploit in any way without any restrictions or limitations whatsoever and you shall have no rights in relation thereto.