Last Updated: May 28, 2022
Terms & Conditions Agreement for Cat20Designs - The Adventures of Brian NFT Collection
“Art” means any visual art, design, logos, and illustration associated, or may be associated, with an NFT that you Own.
"NFT" means any non-fungible token tracked on the blockchain
“Own” means a record of a transaction on the relevant blockchain for an NFT that you purchased from a reliable, legitimate source.
“Purchased NFT” means an NFT that you Own.
“Utility” means any and all artwork, ideas, concepts, names, nicknames, descriptions, and all other intellectual property or products and/or content accessible through the ownership of an NFT
“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.
“Platform” means the third-party marketplace where an NFT can be purchased.
“Auction” means a form of selling NFTs where a minimum price and a time period are set. Interested buyers can submit bids for the NFTs.
You acknowledge and agree that Cat20Designs owns all legal rights, 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 expressly stated in Section 3 of this Agreement. Cat20Designs reserve all rights and ownership in and to the Art not expressly granted to you in Section 3. All purchases of NFTs, as well as associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of Your decision to terminate usage of the Purchased NFT, or any components of the Purchased NFT, or any other reason whatsoever.
You acknowledge and agree that the Purchased NFT is made solely for entertainment purposes. Subject to your continued compliance with these Rights, Cat20Designs grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use the Utility and display the Art for your Purchased NFT, solely for your own personal, non-commercial use.
The Art may be used in the following ways. (i) as part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art. (ii) as part of a third party website or application that permits the inclusion or involvement or your NFT provided that the third party in question verifies each NFT owner’s rights to display the Art and the Art is no longer visible once the owner of the Purchased NFT leaves the website or application.
You agree that you may not, nor permit any third party to do or attempt to do any of the following without Cat20Designs express prior written consent in each case: (a) modify the Purchased NFT, Name and Likeness, Utility and/or Art in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art and/or Utility for your Purchased NFTs to advertise, market, or sell any third party product or service; (c) use the Art and/or Utility for your Purchased NFT 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, drugs (including, without limitation, both prescription and non-prescription) or other supplements, pornography or other “adult only” or sexually explicit activities, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes; (d) use the Art and/or Utility for your Purchased NFTs in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art and/or Utility for your Purchased NFT; (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art and/or Utility for your Purchased NFT; or (f) otherwise utilize the Art and/or Utility for your Purchased NFT for your or any third party’s commercial benefit.
To the extent that the Art and/or Utility associated with your Purchased NFTs contains Third Party IP and understand and agree as follows: (w) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (x) that, depending on the nature of the license granted from the owner of the Third Party IP, Cat20Designs may need to pass through additional restrictions on your ability to use the Art and/or Utility; and (y) to the extent that Cat20Designs informs you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this Agreement.
The restriction in Section 4 will survive the expiration or termination of this Agreement
- Termination of Purchased NFT.
The Rights granted in Section 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, transfer, or otherwise dispose of your Purchased NFT for any reason, the Rights in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art and/or Utility for those NFTs.
Payment and Taxes.
Each NFT will be priced based on the value of ethereum (ETH) during the time of purchase. Inclusive of all applicable NFT minting and “gas” costs, excise taxes and U.S. domestic shipping. Additional sales tax may be charged.
Any cryptocurrency payments or financial transactions that you engage in via the Platform will be conducted solely through the Ethereum blockchain network. Cat20Designs has no control over these payments or transactions, nor the ability to reverse any payments or transactions. No refunds for any purchases that you might make on or through the Platform will be provided – whether NFTs or anything else. Whether a particular cryptocurrency is accepted as a payment method by Cat20Designs is subject to change at any time.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY.
ALL LICENSED NFTs ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAT20DESIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CAT20DESIGNS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASICS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CAT20DESIGNS FOR THE APPLICABLE PURCHASED NFT. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Assumption of Risk.
As noted above, the Purchased NFT is made available solely for entertainment purposes. You agree that You assume the following risks: (A) To the extent there is a price or market for a blockchain asset such as an NFT, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Your Purchased NFT, and there is no guarantee that Your Purchased NFT will have or retain any value; (B) there are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere, and Cat2oDesigns will not be responsible for any of these, however caused; (C) the Bleacher Parties do not make any promises or guarantees about the availability of the Art on the Internet or that they will host the Art at any specific location and/or for any specific period of time;(D) upgrades to the Ethereum platform, a hard fork in the Ethereum platform, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation Purchased NFTs; (E) Cat20Designs are not responsible for any transaction between you and a third party (e.g., your purchase of a Purchased NFT from a third party on the so-called “secondary market”), and Cat20Designs shall have no liability in connection with any such transaction. (F) the risk of losing access to Licensed NFT due to loss of private key(s), custodial error or purchaser error; (G) the risk of mining attacks; (H) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties; (I) the risks related to taxation; (J) that NFTs are not legal tender and are not back by any government. In addition to assuming all of the above risks, you acknowledge that You have obtained sufficient information to make an informed decision to the Purchased NFT and that You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. You accept and acknowledge that Cat20Designs will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the Auction.
- Governing Law.
This Agreement and all matters related to it and/or any Purchased NFT shall be governed by, construed, and enforced in accordance with the laws of the State of Arkansas, as they are applied to agreements entered into and to be performed entirely within Arkansas and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.
Changes to this Agreement.
We may make changes to this Agreement from time to time. When we make changes, we will make the updated Agreement available on Cat20Designs website and update the “Last Updated” date at the beginning of these Terms accordingly. Please check this Agreement periodically for changes. Any changes to the Agreement will apply on the date that they are made and, by way of example, your continued access to or use of the Art and/or Utility after the Agreement has been updated will constitute your binding acceptance of the updates.
If you are provided a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.
If you have any questions or concerns, including if you need to access this Agreement in an alternative format, we encourage you to contact us via e-mail at email@example.com