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By minting, purchasing, receiving, or otherwise acquiring an NFT that originated from LinksDAO, Inc. (each, a “LinksDAO NFT”), you agree to these NFT Terms. These NFT Terms, along with the LinksDAO User Terms of Service, made available at https://linksdao.io and incorporated herein by reference, are collectively referred to as the “Agreement.”
OWNERSHIP OF LINKSDAO NFTS AND ARTWORK. Each LinksDAO NFT is a limited-edition digital asset that embodies or includes certain artwork created or owned by LinksDAO. Inc. (the “Artwork”). LinksDAO, Inc. (“LinksDAO”) owns all legal right, title and interest in and to the Artwork, and all intellectual property rights therein. LinksDAO NFTs may also incorporate one or more elements of LinksDAO’s trademarks and branding (the “Brand”). Each LinksDAO NFT is a non-fungible token hosted on the Ethereum blockchain, ownership of which can be transferred through gift, purchase, or sale. The Artwork is neither stored nor embedded in the LinksDAO NFT, but is accessible through the LinksDAO NFT. ALTHOUGH EACH LINKSDAO NFT ITSELF IS OWNED BY ITS THEN-CURRENT OWNER, THE ARTWORK EMBODIED THEREBY AND ANY BRAND INCORPORATED THEREIN OR USED THEREWITH IS LICENSED, PURSUANT TO THESE NFT TERMS, AND NOT TRANSFERRED OR SOLD, TO SUCH OWNER. “OWN” MEANS, WITH RESPECT TO A LINKSDAO NFT, A LINKSDAO NFT THAT YOU HAVE RIGHTFULLY AND LAWFULLY PURCHASED OR ACQUIRED FROM A LEGITIMATE SOURCE, WHERE PROOF OF SUCH PURCHASE OR ACQUISITION IS RECORDED ON THE ETHEREUM BLOCKCHAIN. The rights that you have in and to the Artwork are limited to those expressly stated in the paragraphs immediately below. LinksDAO and its licensors reserve all rights in and to the Artwork and Brand not expressly granted herein. LinksDAO may from time to time buy or sell LinksDAO NFTs for its own use.
ACKNOWLEDGMENT. Ownership of any LinksDAO NFT does not grant any rights and carries with it no guarantee of future performance of any kind by LinksDAO. You are not entitled, by virtue of your ownership of any LinksDAO NFT, to vote on any matter regarding, or receive dividends or profits or be deemed the holder of any shares of, LinksDAO or any other entity, nor will anything contained herein be construed to convey on you any rights of a shareholder, partner, joint venturer, etc., or any right to vote for the election of directors or any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action or to receive notice of meetings, or to receive subscription rights to purchase any interest in LinksDAO. LinksDAO may in the future, but LinksDAO shall have no obligation to, offer holders of LinksDAO NFTs the opportunity to participate in massively open online governance via DAO. You agree that the functionality of any DAO established by LinksDAO will be determined by LinksDAO in its sole and absolute discretion.
LICENSES. Subject to your lawful purchase or acquisition of a LinksDAO NFT and your continued compliance with this Agreement, LinksDAO grants you a worldwide, non-exclusive, revocable, royalty-free license, with no right to sub-license, to display the Artwork and any Brand embodied by your LinksDAO NFTs, solely for the following purposes: (i) for your own personal, non-commercial use (e.g., display in a virtual gallery, on a mobile device, as an avatar, or in your home); (ii) through or as a part of a marketplace that permits the purchase and sale of your LinksDAO NFTs in connection with such potential purchase or sale, provided that the marketplace cryptographically verifies rights to ensure that only the actual owner can offer a LinksDAO NFT for sale; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your LinksDAO NFTs, provided that the website/application cryptographically verifies rights to ensure that only the actual owner of the LinksDAO NFT can display the Artwork and Brand embodied thereby. LinksDAO provides this LinksDAO NFT and licenses the Artwork and Brand to the owner of this LinksDAO NFT 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. The license to display the Artwork and any Brand embodied by a LinksDAO NFT is automatically and always transferred with the LinksDAO NFT as provided below. Otherwise, the license to display the Artwork and any Brand embodied by any LinksDAO NFT is non-transferable.
The license granted to you in this Agreement applies only to the extent that you lawfully purchased or acquired a LinksDAO NFT and, with respect to a LinksDAO NFT that you lawfully acquired, for the duration that you continue to own such LinksDAO NFT. The licenses granted in this Agreement will also automatically terminate, without the requirement of notice, with all rights returning to LinksDAO, and you will have no further rights in or to the Artwork or Brand if you: (x) sell, trade, donate, give away, transfer, or otherwise dispose of your LinksDAO NFT for any reason, (y) breach this Agreement, or (z) engage in any unlawful business practice related to any LinksDAO NFT. In the event that you did not lawfully purchase or acquire a LinksDAO NFT or upon any termination of the licenses granted in this Agreement, LinksDAO may disable your access to the Artwork and/or Brand and/or deny you access to any further benefits, services or goods associated with this LinksDAO NFT.
RESTRICTIONS. You agree that you will not, nor will you permit any third party to, do or attempt to do any of the following without LinksDAO’s express prior written consent in each case: (i) perform any change to the Artwork or Brand embodied by your LinksDAO NFT in any way; (ii) use the Artwork or Brand embodied by your LinksDAO NFTs as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of the LinksDAO NFT itself) or for any other commercial purpose; (iii) use the Artwork or Brand embodied by your LinksDAO NFTs in connection with images, videos, or other forms of media that depict anything that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) attempt to acquire additional intellectual property rights in or to the Artwork or Brand embodied by your LinksDAO NFTs; (v) use the Artwork or Brand embodied by your LinksDAO NFTs in connection with defamatory or dishonest statements about LinksDAO; or (vi) otherwise utilize the Artwork or Brand embodied by your LinksDAO NFTs for your or any third party’s commercial benefit (other than an authorized offering of the LinksDAO NFT itself). These restrictions will survive the expiration or termination of licenses granted hereunder.
Without limiting the foregoing, the license granted by this Agreement does not include: (i) the right to use the Artwork or Brand in connection with additional NFTs; or (ii) the right to create derivative works of the Artwork. You may not use or attempt to register any asset, including any domain names, social media accounts or related addresses, that contains or incorporates any Artwork, Brand, or any other representation, name or mark that may be confusingly similar to any of LinksDAO’s intellectual property.
TRANSFERRING YOUR LINKSDAO NFT. You may transfer any LinksDAO NFT that you lawfully own to a third party, subject to this Agreement. After any such transfer, your licenses to the Artwork and Brand will immediately terminate. If you transfer any LinksDAO NFT, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by, this Agreement.
You acknowledge and agree that any transfer of this LinksDAO NFT, by you or by the then-current owner, is subject to a fee payable to LinksDAO equal to no greater than 7.5% of the total consideration paid for such LinksDAO NFT in connection with any such transfer.