Terms of use for Dave Dylee's NFTs
Definitions:
- “Art” means any art, design, text, and drawings 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.
- “Extensions” means third party designs that: (i) are intended for use as extensions 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.
NFT Ownership
You acknowledge and agree that Dave Dylee (or, as applicable, its licensors, (hereinafter "DD") owns all legal right, title and interest in and to the Art, NFT or Physical, and all intellectual property rights therein. The rights that you have in and to the Art, NFT or Physical are limited to purchase or sell the NFT or physical. (DD) Dave Dylee (or, as applicable, its licensors) reserves all rights in and to the Art, NFT or Physical.General UseSubject to your continued compliance with the terms of this License, DD grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for 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 for 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 for 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.
RestrictionsYou agree that you may not do or allow a third party to do or attempt to do any of the following without DD's express prior written consent in each instance (i) modify the Artwork for your purchased NFTs in any way, including but not limited to the shapes, designs, drawings, attributes or color schemes; (ii) use the artwork for your purchased NFTs to advertise, market or sell a third party product or service; (iii) use the artwork for 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 considered hate speech or otherwise violates the rights of others; (iv) use the art for the NFTs you have purchased in films, videos or other media forms, except to the limited extent that such use is permitted or solely for your own personal, non-commercial use; (v) sell, distribute (including but not limited to gifting in the hope of eventual commercial gain) or otherwise market merchandise containing or consisting of the art for the NFTs you have purchased; (vi) attempt to trademark, copyright or otherwise acquire additional intellectual property rights in the art for the NFTs you have purchased; or (vii) otherwise use the art for the NFTs you have purchased for your or a third party's commercial advantage. To the extent that the art associated with your purchased NFTs contains third party intellectual property (e.g., licensed intellectual property of other rights holders, celebrities, athletes or other public figures), you agree as follows: that you do not have the right to use such third party intellectual property in any way and that DD may have additional restrictions on using the art depending on the type of license granted by the third party intellectual property owner.