Updates to the TermsWe may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Services following the posting of revised Terms of Service means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
Intellectual Property RightsThe Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Animagine, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant You a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
You may store files that are automatically cached by Your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Services for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media or other interactive features with certain content, You may take such actions as are enabled by such features.
You must not:
Modify copies of any materials of the Services except as expressly permitted by these Terms and Conditions.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, Your right to use the Services will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Services or any content on the Services is transferred to You, and all rights not expressly granted are reserved by Animagine. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The Animagine name, marks including the Animagine logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Animagine. You must not use such marks without the prior written permission of Animagine. All other names, logos, product and service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners.
Prohibited UsesYou may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
In any way that competes with our business.
In any way that violates any applicable law or regulation.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
To transmit, or procure the sending of, any mass advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Animagine, an Animagine employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Animagine or users of the Services, or expose them to liability.
Additionally, You agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
You own or control all rights in and to Your User Submissions and have the right to assign the rights stated above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of Your User Submissions do and will comply with these Terms of Service.
You understand and acknowledge that You are responsible for any User Submissions You submit or contribute, and You, not Animagine, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by You or any other user of the Services.
Monitoring and Enforcement; Termination We have the right to:
Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Animagine.
Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend Your access to all or part of the Services for any violation of these Terms of Service.
Terminate Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS ANIMAGINE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Content StandardsThese content standards apply to any and all User Submissions and use of Interactive Services. User Submissions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Submissions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, design right, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data or other information that is not lawfully provided to us.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If You believe any materials accessible on or from the Services infringe Your copyright, you may send a valid take-down notice (“Notice”) to our designated representative at the email address given below. Upon receipt of a valid Notice, we will take reasonable steps to remove or disable access to the material in accordance with the applicable law. As soon as the material has been removed or access disabled, we will take reasonable steps to notify the person who has posted the material (“Respondent”). The Respondent may, within the prescribed time and in accordance with the applicable law, send a valid counter-notice (“Counter-Notice”) to our designated representative at the email address below, to restore the material. We will then take reasonable steps to restore the material if it is technically and practically feasible to do so unless the copyright owner commences court proceedings to prevent the restoration of the material and we are informed of such proceedings. A valid Notice (shall be signed by the complainant and contain all of the following information :
name, address, telephone number, facsimile number (if any) and email address of the complainant;
sufficient information to enable us to identify the infringing material and its online location;
a statement that the complainant requires us to remove/disable access to the material;
a statement that the complainant, in good faith, believes that the material is an infringing copy;
a statement that the information in the Notice is accurate; and
a statement that the complainant is the copyright owner or exclusive licensee or that he is authorised to act on behalf of such owner or exclusive licensee.
A valid Counter-Notice shall be signed by the Respondent and must contain all of the following information :
name, address, telephone number, facsimile number (if any) and email address of the Respondent;
information to enable us to identify the material removed or access was disabled and its online location before it was removed or disabled;
a statement that the Respondent, in good faith, believes that the material was removed or access was disabled as a result of mistake or misidentification or the material does not infringe copyright in any material; and
a statement that the information in the Counter-Notice is accurate.
Our designated representative to receive Notices and Counter-Notices is: firstname.lastname@example.org. If You fail to comply with all of the requirements stated above, Your Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on this website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under the applicable laws.
Reliance on Information The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user (whether registered or a guest) of the Services, or by anyone who may be informed of any of its contents. The Services include content provided by third parties, including materials provided by other third party service providers, financial institutions, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Animagine, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Animagine. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Updates to the Website You assume all risk in using the Services. We may update the content on our websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on any website may be out of date at any given time, and we are under no obligation to update such material.
PurchasesAll purchases through our site are governed by these terms and any other terms identified on the Platform as applicable to such purchases, including without limitation the terms identified below as Additional Terms for Registered Users. You are responsible for reviewing and agreeing to such terms. If You do not review or do not agree with the applicable terms for online purchases, do not make any purchases through the Services.
Links from the Services; Third Parties If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to in the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for, and privacy policies applicable to, such websites. You will comply with, and You acknowledge that You are subject to, all terms and conditions of use for, and privacy policies applicable to, all third parties whose services interoperate with, or are otherwise accessed from, the Services.
Disclaimer of WarrantiesYou are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY WEBSITE LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE WEBSITES, THEIR CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANIMAGINE NFTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ANIMAGINE NOR ANY PERSON ASSOCIATED WITH ANIMAGINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ANIMAGINE NOR ANYONE ASSOCIATED WITH ANIMAGINE REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITES, THEIR CONTENT, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY OTHER FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, ANIMAGINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on LiabilityTO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANIMAGINE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or wilful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANIMAGINE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ANIMAGINE IN THE TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT ANIMAGINE HAS MADE THE SERVICES AVAILABLE TO YOU IN RELIANCE ON THE LIMITATIONS OF LIABILITY IN THIS SECTION 16, AND THE DISCLAIMER OF WARRANTIES IN SECTION 15 ABOVE, AND WITHOUT SUCH DISCLAIMERS AND LIMITATIONS ANIMAGINE WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU.
IndemnificationYou agree to defend, indemnify, and hold harmless Animagine, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Service or Your use of the Services, including, but not limited to, Your User Submissions, any use of the Services’ content, functions, and products other than as expressly authorized in these Terms of Service, or Your use of any information obtained from the Services.
Governing Law and Dispute ResolutionThese Terms of Service and any dispute between the parties arising therefrom will be governed by the laws of Singapore, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Any dispute arising out of or in connection with these Terms of Service, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed incorporated by reference in this clause. The seat of the arbitration shall be in Singapore. The tribunal shall consist of one arbitrator and the language of the arbitration shall be English.
Waiver and SeverabilityNo waiver by Animagine of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Animagine to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and ConcernsThe Services are operated by Animagine Collective Pte Ltd, located at 47 Kallang Pudding Road, #07-01, Singapore 349318. All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms of Service in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com.
Additional Terms for Purchasers and Other Registered Users Last updated: 28 September 2022 Thank You for Your interest in Animagine’s Platform for Purchasers of Animagine NFTs and other registered users (the “Platform”).
The Animagine PlatformThe Animagine website is accessible to the general public for browsing and limited interaction. The Animagine Platform gives Purchasers the ability to purchase Animagine NFTs. Purchasers are subject to these Additional Terms as well as to the Terms and Conditions that govern access and use of the website by the general public.
Accounts and Registration To use the Animagine Platform as a Purchaser, You must have a valid crypto wallet and a valid Ethereum address. You agree to only use the Animagine Platform in connection with the Services that may be provided through the Animagine Platform. Only actual users and prospective users may set up or use a Purchaser account. Actual users and prospective users may set up or use only one Purchaser account per person. In addition, You shall provide us with accurate, complete, and updated registration information upon reasonable request, which may include one or more of the following: Your full legal name, a valid email address that has not been created solely or primarily for access to the Animagine Platform, a valid Ethereum address. Failure to do so shall constitute a breach of these terms. You may not (i) select or use as a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than You without appropriate authorization; (iii) use as a username, a name that is otherwise offensive, vulgar or obscene; (iv) register for or otherwise obtain, control or operate more than one account; (v) refer more than one email account owned, controlled or operated by You to the Animagine Platform; (vi) register for an account with false information, in a fraudulent manner or using information created solely for registration with us or other online services or (vii) evade any of the requirements set forth in the Platform Terms. We reserve the right to refuse registration of an account, or suspend or delete an account, in our sole discretion. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify us immediately of any breach of security or unauthorized use of Your account. You are responsible for keeping Your email address and other contact information up to date, so we can send You important notices. We may terminate and remove Your account at any time, without notice, in the event that You breach any of these terms.
Use of the Animagine PlatformBy using the Animagine Platform, You agree to:
Use the Animagine Platform in compliance with all applicable laws, and all legal notice and disclosure requirements as provided in agreements of third-party service providers providing services through the Animagine Platform (detailed below).
Use the Animagine Platform only on Your own behalf, and not transmit or resell any information or services available through the Animagine Platform to third parties. You may, however, resell any NFT’s You purchase on the Animagine Platform.
Use only payment methods approved by Animagine
Not attempt to circumvent, or encourage anyone else to circumvent, the Platform Terms.
Allow Animagine to keep and track data on Your use within the Platform.
Use only one account and only one name for the Animagine Platform.
Not use the Animagine Platform by means of multiple accounts, multiple email addresses or multiple sets of information provided to the Animagine Platform, or email addresses or other information created solely to access the Animagine Platform or other online sites.
Payments When You purchase a Animagine NFT, Your transaction will be conducted in its entirety on the Ethereum network. All sales are final and refunds will not be issued under any circumstances. Animagine has no control over such transactions or the Ethereum network, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions. You agree that all payments made through the Animagine Platform are final, and You will not challenge or dispute the charge with any third party. Your purchase of a Animagine NFT, like all transactions on the Ethereum network, will require You to pay a transaction charge (“Gas Fee”) to Ethereum, in addition to the stated purchase price of the Animagine NFT.
Modifications and Terminations Without limitation of our other rights, we may introduce, remove or modify any content, materials, features, pricing or other elements of the Animagine Platform at any time in our sole discretion, without notice. We may also terminate the Animagine Platform at any time in our sole discretion, without notice. You shall not retain any rights that may have arisen prior to modification or termination, except to the extent expressly required by applicable law.
Disclaimers and Assumption of Risk A. DISCLAIMERS: THE ANIMAGINE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANIMAGINE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ANIMAGINE PLATFORM. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK, INCLUDING WITHOUT LIMITATION THE RISK OF FINANCIAL LOSS OR GAIN THROUGH SECONDARY TRADING OF ANIMAGINE NFTS. ANIMAGINE MAKES NO REPRESENTATION OR WARRANTY (A) THAT THE ANIMAGINE PLATFORM WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE ANIMAGINE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT THE ANIMAGINE PLATFORM WILL BE AVAILABE OR OPERABLE FOR ANY PERIOD OF TIME; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE ANIMAGINE PLATFORM OR THE SERVERS OR NETWORKS THROUGH WHICH THE ANIMAGINE PLATFORM ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANIMAGINE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE PLATFORM OR IN ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. B. ASSUMPTION OF RISK: YOU ACKNOWLEDGE AND AGREE THAT THE RESALE VALUE OF ANIMAGINE NFTs, LIKE ALL NFTs, IS VOLATILE, SPECULATIVE AND SUBJECT TO FLUCTUATION, AND THAT YOUR ANIMAGINE NFT SHOULD THEREFORE NOT BE CONSIDERED AN INVESTMENT, AND YOU DO NOT CONSIDER IT AN INVESTMENT. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH ANY CHANGE IN THE VALUE OF YOUR ANIMAGINE NFT. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE ETHEREUM NETWORK, INCLUDING WITHOUT LIMITATION RISKS POSED BY DISRUPTIONS TO SERVICE, HARDWARE AND SOFTWARE FAILURES, INTERNET CONNECTION FAILURES, MALWARE, AND UNAUTHORIZED ACCESS TO YOUR WALLET BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR CONTENT ON THE ANIMAGINE SITE OR ANIMAGINE PLATFORM IS ADVICE OR AN INVITATION TO ENTER INTO AN AGREEMENT FOR ANY INVESTMENT PURPOSE, NOR IS IT AN OFFERING OF SECURITIES OR AN INVITATION TO PURCHASE SECURITIES, SHARES, OR ANY OTHER CAPITAL MARKETS OR FINANCIAL PRODUCTS. ANIMAGINE IS A CREATOR OF ART, IT HAS NOT BEEN REGISTERED OR APPROVED BY ANY FINANCIAL REGULATOR. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PURCHASE OF ANIMAGINE NFTs IS IN COMPLIANCE WITH APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT NEW GOVERNMENTAL OR FINANCIAL-INDUSTRY REGULATIONS COULD AFFECT THE VALUE OF YOUR ANIMAGINE NFT OR YOUR ABILITY TO RESELL IT, AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH.
NFT License The license below governs Your rights with respect to any NFTs You purchase through the Animagine Platform.
Definitions “Art” means any art, design, drawing, or other pictorial or graphic work of authorship that may be associated with an NFT that You Own. “NFT” means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard. “Own” means, with respect to an NFT, an NFT that You have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain. “Ownership” means the legal status of a person or entity that Owns a Purchased NFT. “Extensions” means third party designs that: (i) are intended for use as extensions of or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art. “Purchased NFT” means an NFT that You Own. “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.
Ownership. You acknowledge and agree that Animagine (or, as applicable, its licensors) owns all worldwide legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that You have in and to the Art are limited to those described in this License. Animagine reserves all rights in and to the Art not expressly granted to You in this License.
License. a. General Use. Subject to and conditioned upon Your continued compliance with the terms of this License, Animagine grants You a worldwide, non-exclusive, royalty-free license to use, copy, and display the Art associated with Your Purchased NFTs, along with any Extensions that You choose to create or use, solely for the following purposes: (i) for Your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of Your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of Your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application. b. Commercial Use. Subject to and conditioned upon Your continued compliance with the terms of this License, Animagine grants You a limited, worldwide, non-exclusive, license to use, copy, and display the Art associated with Your Purchased NFTs for the purpose of creating derivative works based upon the Art and commercializing Your own merchandise that includes, contains, or consists of the Art associated with Your Purchased NFTs or derivative works of such Art (“Commercial Use”). For the sake of clarity, nothing in this Section 8.3(b) will be deemed to restrict You from (i) owning or operating a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third party website or application cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application; or (iii) earning revenue from any of the foregoing. c. Transferability and Sublicensing. The License granted hereunder is not assignable or transferable except in connection with Your sale of the Purchased NFT, and You acknowledge and agree that upon such sale the License shall be transferred by operation of law and the terms of this License to the person or entity to whom You convey Ownership of the Purchased NFT. While You Own the Purchased NFT, You may sublicense Your rights under this License to third parties, but only on condition that (i) You provide written notice of all such sublicenses to the new Owner of the Purchased NFT following any change in Ownership of the Purchased NFT, and (ii) such sublicenses shall be terminable by the new Owner. Following termination of a sublicense, physical embodiments of the Art lawfully made under such sublicenses, such as merchandise in inventory, may continue to be distributed as provided under the applicable laws.
Restrictions. You agree not to use the Art associated with Your Purchased NFTs 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.
Terms of License. The License granted in Section 8.3 above applies only to the extent that You continue to Own the applicable Purchased NFT. If at any time You sell, trade, donate, give away, or otherwise transfer Ownership of Your Purchased NFT for any reason, the License granted in Section 8.3 will immediately be transferred to the new Owner with respect to that NFT as set forth above in Section 8.3(c) without the requirement of notice, and You will have no further rights in or to the Art associated with that NFT. If You exceed the scope of the license grant in Section 8.3(b) without entering into a broader license agreement with or obtaining an exemption from Animagine, You acknowledge and agree that: (i) You are in breach of this License; (ii) in addition to any remedies that may be available to Animagine at law or in equity, Animagine may immediately terminate this License, without the requirement of notice; and (iii) You will be responsible to reimburse Animagine for any costs and expenses incurred by Animagine during the course of enforcing the terms of this License against You.