1. BACKGROUND AND INSTRUCTIONS
Chubbies, NFT, LLC has created this license with the intention and purpose of allowing it to be used on an open-source basis by other creators in the NFT community. Accordingly, this NFT is licensed under the terms of the Creative Commons “Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0), the deed to which is accessible at the following link: https://creativecommons.org/licenses/by-sa/4.0/
To briefly summarize, the foregoing license allows you to do the following:
- Share, copy, and redistribute the license in any format; and
- Adapt, remix, transform, and build upon the license for any purpose, including commercially, PROVIDED THAT YOU AGREE TO THE FOLLOWING:
- Attribution: You must give credit to the source, provide a link to the original license, and indicate if changes were made. Credit may be provided in any reasonable manner, as long as it does not suggest you are sponsored, endorsed, or affiliated with Chubbies, NFT, LLC; and
- ShareAlike: If you edit the license, you must offer your revised version under the same license as the original.
You will also need to add the relevant information for your NFT project in the blank sections set forth below, which should be self-explanatory.
CHUBBIES NFT LICENSE VERSION 1.0
- Licensor Name: CHUBBIES NFT LLC
- Website: chubbies.io
- Email Address: firstname.lastname@example.org
- Last Revised: 8/14/21
BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SERVICES, YOU WARRANT THAT YOU ARE ABOVE THE AGE OF 18 AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SERVICES.
“Art” means the particular graphic, image, illustration, design, drawing, or pictorial work associated with an NFT offered for sale through our website.
“NFT” means the unique, non-fungible token stored on the Ethereum blockchain network associated with the Art purchased by you.
“Purchased NFT” means the NFT and the associated Art purchased by you through our website.
You will own all rights to the NFT purchased by you through our website, free and clear of any restrictions or limitations imposed by us. However, we reserve all intellectual property rights to the Art associated with your Purchased NFT, subject to the licensing rights as set forth in more detail below. All rights not expressly granted under this Agreement are reserved by us.
We grant to you a worldwide, non-exclusive, perpetual, transferable, and royalty-free license to use, reproduce, modify, adapt, publish, display, and create derivative works based on the Art associated with your Purchased NFT in your discretion, including specifically for the following purposes:
- For your own personal and/or commercial use, including the unlimited design and manufacturing of merchandise based on your Purchased NFT, as well as the marketing, advertising, or promotion of either your own or any third party product or service, in any manner or medium now or hereafter devised;
- As part of any third party website, application, or other service that permits the display, purchase, and sale of NFTs, as long as such third party service cryptographically verifies each owner’s rights to their NFT and disables the public viewing of the NFT after the owner leaves such third-party website, application, or other service;
- To modify and adapt your Purchased NFT for purposes of creating derivative works, provided that any copyright protection claimed by you shall be limited to any new material created by you, and specifically exclude the prior Art owned exclusively by us.
5. LICENSE RESTRICTIONS
The rights set forth above shall not include the right to use your Purchased NFT in a manner that promotes any of the following:
- cruelty, hatred, bigotry, racism, sexism, homophobia, xenophobia, or violence;
- defamation, invasion of privacy, threats, harassment, abuse, obscenity, or conduct that otherwise encourages harm to others; or
- any other manner or means that a reasonable person would consider to be objectionable, unlawful, or infringing upon the rights of others.
If we believe you are engaged in any of the prohibited activities under this Agreement, we reserve the right to suspend and/or terminate your access to the Services, without notice or liability to you.
6. RESTRICTIONS ON USE OF THE WEBSITE
You may use the website for the purposes expressly permitted by this Agreement. You agree that you will not use the website for any purpose that is unlawful or prohibited by this Agreement. In addition, you agree that you will not engage in any activities intended to disable, destroy, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You agree that you will not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided to you through the website.
Your use of the Services is at your own risk, and the Services are provided to you “as is” and without warranties of any kind, either express or implied. You acknowledge that the value of collectible blockchain assets is uncertain, subjective, and volatile. We cannot guarantee that your Purchased NFT has any inherent value, or that you will be able to resell your Purchased NFT for any particular price, if at all. Factors and circumstances outside of our control may affect the desirability and resale value of your Purchased NFT. Your Purchased NFT exists solely due to the ownership record contained on the Ethereum blockchain. Any transfer of your Purchased NFT is dependent upon the supporting blockchain on the Ethereum network, and not on our Services.
You also acknowledge that we cannot guarantee that your usage of our Services will be uninterrupted or error-free, that defects will be corrected, or that any failure of hardware, software, internet access, or third-party unauthorized access will not adversely impact your access to the Services. Further, you acknowledge that we have no control over the risk of potential changes in the governmental rules and regulations related blockchain technology, cryptocurrency, and NFTs in general.
8. LIMITATION ON LIABILITY
BOTH WE AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Services.
10. COPYRIGHT INFRINGEMENT
If you believe that any material appearing on the Services constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Services,
- Your full name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Services can be reached at the address set forth above.
We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone that is believed to have violated this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
This Agreement will be governed by and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in Seattle, Washington. The arbitration shall be conducted on a confidential basis and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The award of the arbitrator shall be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Services.
This Agreement constitutes the entire agreement between us relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Services or this Agreement more than one (1) year after such claim or cause of action arose.
We reserve the right to revise this Agreement at any time, by updating this posting.