Non-Fungible Art, Inc. (“NFA”) is the sponsor and exclusive distributor of the various services and/or products including, but not limited to, any non-fungible tokens (commonly and hereafter referred to as “NFT”) available on this or any other authorized affiliated site to complete an NFT acquisition.
All “Collections” and “Partner” category of images shown (or other depicted images throughout the site) are either the registered trademarks of its respective owners, used with permission or used for reference purposes only and, except as modified through terms of a specific NFT transaction where applicable, all other rights are expressly reserved. Similarly, the design, look, style, colors, likeness, textual descriptions, names, and images depicting our “Collection” and/or “Partners” or other site artistic works including, but not limited to, the depictions of any characters, color patterns, backgrounds, accounts, and any other form ofimages are the copyrights of its respective owners and/or used with permission of the artist/owner or for identification reference purposes only and, except as modified through terms of a specific NFT transaction where applicable, all other rights are expressly reserved.
All other aspects of any NFA™-associated NFT, its terms, descriptions, accounts, and its computer coding including, but not limited to, the so-called smart contract related thereto are the copyright of Non-Fungible Art, Inc. ©2022 – used with permission and except as specified through terms of a specific NFT transaction, all other rights are expressly reserved.
By the act of purchasing or otherwise acquiring, or accepting (through transfer, prize, gift, reward, or by any other means), a unique NFT created by, on behalf of, or in association with NFA, either through an initial transfer from NFA (or an NFA affiliated entity) or any subsequent transfer from a prior owner of the same NFT, you also agree to be bound by these Digital Collectible Acquisition Terms and Conditions by and between you and NFA (these “Terms”).
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS TO RESOLVE ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND NFA (AND, IF APPLICABLE, NFA’S PARTNERS OR LICENSORS), RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OF ANY KIND. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS, YOU MAY OPT-OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE DISPUTE RESOLUTION SECTION BELOW.
The limited license set forth in Section 2, above, applies only to the extent you own and continue to own the NFT acquired through NFA.
Similarly, by owning a NFA™ – affiliated NFT you may also be automatically a member of one or more affiliated specialty Clubs (depending upon the specific type, quantity, or other membership criteria for the various Clubs) if you sell, assign, or otherwise transfer, dispose of, or lose your rights to the NFT, you also terminate any such Club membership, benefits, or other privileges associated with such membership.
If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your NFT for any reason through any means, your rights under Section 2, above, will immediately terminate (without the requirement of notice) with respect to the Digital Content associated with your NFT. Your rights under Section 2, above, will also immediately terminate (without the requirement of notice) if you breach these Terms.
Any attempt to sell, assign, or otherwise transfer the NFT you acquire to a third party MUST strictly provide that the following conditions are met, failure to comply with these terms of transfer could render you personally liable for any damages to the IP rights-holder(s) for misuse or abuse of the rights herein granted to you: a
You further hereby acknowledge and agree that NFA or its designee(s) may receive a royalty from, or in connection with, your sale of, and any other future sale of, the NFT to compensate NFA, or its designees, for the initial development of the NFT and licensing and development of IP and the Digital Content. The royalty will be embedded and enabled in the NFT via a smart contract, you also agree and consent that such royalty or fee will be initiated, transferred, and processed through the smart contract; which may not be removed, altered, disabled, or in any way circumvented without the express written consent of NFA.
NFA PROVIDES THE NFT, AND GRANTS THE RIGHTS DESCRIBED HEREIN TO THE DIGITAL CONTENT ASSOCIATED WITH SUCH NFT, TO YOU, ON AN “AS IS” BASIS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT (A) THE DIGITAL CONTENT ASSOCIATED WITH THE NFT YOU HAVE PURCHASED IS NOT NECESSARILY UNIQUE OR EXCLUSIVE, (B) THERE MAY BE IDENTICAL COPIES OF THE DIGITAL CONTENT ASSOCIATED WITH THE NFT THAT YOU HAVE PURCHASED, (C) NEITHER NFA NOR ITS LICENSORS MAKE ANY CLAIMS WITH RESPECT TO IDENTITY, LEGITIMACY, OR AUTHENTICITY OF THE DIGITAL CONTENT, DIGITAL COLLECTIBLE OR NFT THAT YOU HAVE PURCHASED, (D) YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ANY NFT YOU PURCHASE OR OF ANY LINKED OR ASSOCIATED DIGITAL CONTENT OR THE DIGITAL COLLECTIBLE, AND (E) IN NO EVENT WILL YOU HAVE RECOURSE AGAINST NFA’S LICENSORS FOR ANY CLAIMS OR LOSSES WITH RESPECT TO ANY NFT YOU HAVE PURCHASED OR ANY DIGITAL CONTENT ASSOCIATED WITH SUCH NFT.
IN NO EVENT WILL NFA OR ITS AFFILIATES, OR ITS AND THEIR LICENSORS, BE LIABLE FOR ANY (I) LOSS OF, OR INABILITY FOR YOU TO ACCESS, THE DIGITAL CONTENT OR DIGITAL COLLECTIBLE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY DOWNTIME, FAILURE, OBSOLESCENCE, REMOVAL, TERMINATION, FAILURE TO IMPLEMENT ANY TECHNICAL OR OTHER CONTINGENCIES, OR OTHER DISRUPTION RELATING TO THE STORAGE OF OR ACCESS TO ANY DIGITAL CONTENT OR DIGITAL COLLECTIBLE OR (II) INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER NON-DIRECT DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF NFA, ITS AFFILIATES, AND THEIR LICENSORS FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE ONE HUNDRED U.S. DOLLARS ($100).
If you have a question regarding the NFT Digital Collectibles, please contact NFA by sending an e-mail to: email@example.com