Last updated January 8, 2022
The Demsky x Anima NFT User License
This NFT User License (this “User License”) constitutes a legally binding agreement between you and Anima Virtuality, Inc. (“Anima,” “we,” “us,” or “our”) and governs your use of any non-fungible token in the Demsky x Anima drop (“NFT”) purchased on http://www.anima.supply (the “Site”) or which you have subsequently acquired in accordance with the terms of this User License. Terms used but not defined herein shall have the meanings set out in the Site Terms of Service.
By purchasing any NFT through the Site or otherwise possessing the NFT, you expressly acknowledge that you understand this User License and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER LICENSE, THEN YOU MAY NOT, PURCHASE ANY NFT ON THE SITE OR OTHERWISE OBTAIN THE NFT SUBJECT TO THIS USER LICENSE.
You do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights with respect to the artwork, graphics, images, designs, logos, drawings, photographs, text, taglines, or video or audio recordings (“Metadata”) associated with the NFT which you are purchasing on the Site (or have subsequently acquired), excepting the limited license to the Metadata granted herein.
You acknowledge and agree that the Artist and Anima (together the “Creators”) have collaborated to create the NFTs and that all legal right, title, and interest in and to any and all NFTs and associated Metadata (including all intellectual property rights therein) (collectively, the “Creators’ Materials”) is owned by the Creators. You acknowledge that the Creators’ Materials are protected by applicable laws including applicable copyright and trademark laws. The rights that you have in and to the NFT and Metadata are limited to those expressly stated in Section 2 of this User License. The Creators reserve all rights and ownership in and to the Creators’ Materials not expressly granted to you in this User License.
You acknowledge and agree that, except as expressly set forth in this User License to the contrary: (a) your acquisition of an NFT does not give you any rights or licenses in or to the Creators’ Materials; (b) you do not have the right to modify, reproduce, create derivative works of, distribute, sell, license or otherwise commercialize any elements of the Creators’ Materials; (c) you will not apply for, register, or otherwise use or attempt to use any Creators’ trademarks or service marks, or any confusingly similar marks, anywhere in the world; and (d) you have no right to and shall in no event take any enforcement action (including by, for example, sending DMCA takedown notices) or make any claims based on any Creators’ Materials without the prior written consent of the Creators in each instance, and the Creators may, in their sole discretion, undertake any necessary actions to prevent any unlicensed or unauthorized use and/or distribution of any Creators’ Materials.
You acknowledge that the ownership of NFTs may give you the right to view, store, exchange, and display the Metadata publicly but does not allow or imply commercial use or ownership of intellectual property on the brand, design, music, video, art or other media displayed in your NFTs. The intellectual property rights in the NTFs and associated Metadata are owned by the Creators.
a. Your Licensed Rights. Upon purchasing or otherwise legally obtaining one or more NFTs and agreeing to this license, and subject to your continued compliance with this User License, the Creators grant you a limited, worldwide, non-assignable, non-sublicensable, non-transferable (except as permitted in Section 2(b) below) license solely for the personal and non-commercial use and display of the Metadata associated with the applicable NFT legally owned and properly obtained by you. The Metadata may only be used as part of the NFT in accordance with the foregoing license as follows: (i) use of the Metadata on a marketplace that allows the purchase and sale of the NFT, so long as the marketplace cryptographically verifies that you are the owner; and (ii) use of the Metadata on the Anima website or mobile application or a third party website or app that allows the inclusion, involvement, or participation of the Metadata, so long as the website/app cryptographically verifies that you are the owner, and the Metadata does not stay on the website/app after you have left.
b. Permissible Transfers of Your Licensed Rights. You have the limited right to assign or transfer your licensed rights (a “”), as described in Section 2(a), solely in connection with the sale, trade, donation, transfer, or other disposition of your NFT for any reason, provided that: (i) the transferee accepts all of the terms of this User License; (ii) you have not, prior to the transfer or assignment, breached this User License; and (iii) prior to the transfer or assignment, your licensed rights have not been terminated. Any attempted transfer or assignment of your licensed rights that do not satisfy the requirements of this Section 2(b) shall be null and void and shall constitute a material breach of this User License.
You agree that, with respect to any NFT you legally own and properly obtained, you may not, nor permit any third party to do or attempt to do, any of the foregoing: (a) modify, distort, mutilate, or perform any other modification to the related Metadata, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the related Metadata to advertise, market, or sell any third party product or service; (c) use the related Metadata 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, violate or misappropriate upon the rights (including intellectual property, publicity or privacy rights) of others; (d) incorporate the related Metadata in movies, videos, video games, or any other forms of media for any purpose; (e) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of representations of the related Metadata; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the related Metadata; (g) attempt to mint, tokenize, or create an additional cryptographic token representing or associated with the related Metadata, whether on or off of the Site; or (h) otherwise utilize the Metadata for your or any third party’s commercial benefit, including as part of exhibition, performance, or other show in which fees, admission, or other consideration is charged.
If you violate the User License and/or the Site Terms of Service, or if you sell, trade, donate, give away, transfer, or otherwise dispose of your NFT for any reason other than in accordance with the terms of this User License and the Site Terms of Service, your license will automatically and immediately terminate, and you will have no further rights in or to the NFT. We will use the Relevant Network’s records for your NFT to determine whether you possess the applicable NFT and associated license. We may, but are not obligated to, provide you with notice regarding the revocation of your license. Additionally, the license shall automatically terminate and all rights shall return to the Creators if: (a) you make any assignment for the benefit of creditors, file a petition in bankruptcy or are adjudged bankrupt, or become insolvent or are placed in the hands of a receiver; (b) you engage in any unlawful business practice related to your NFT or the associated Metadata; or (c) you disparage or initiate any legal action against the Creators, their affiliates, or any of their respective officers, directors, licensors, members, employees, agents, and/or attorneys (collectively, the “Creator Parties”). Additionally, if any Creators’ Materials becomes, or the Creators determine is likely to become, the subject of a claim of infringement, the Creators have the right, at their sole option, to (x) procure for you the right to continue using such Creators’ Materials, (y) replace the Creators’ Materials so that such materials become non-infringing, or (z) terminate your license to the Creators’ Materials without further obligation to you.
This User License and all matters related to it and the Creators’ Materials will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules (except to the extent that law is inconsistent with or preempted by federal law). All disputes related to this User License or the Creators’ Materials will be brought solely in the federal or state courts located in Bucks County Pennsylvania, and you consent to personal jurisdiction in these courts.
The Creators may make changes to this User License from time to time. If the Creators make such changes, the updated User License will be made available on the Site and the “Last Updated” date at the beginning of the User License will be revised accordingly. Please check this page periodically for changes. Any changes to this User License will apply on the date that they are made, and, by way of example, your continued access to or use of the NFT after the User License has been updated will constitute your binding acceptance of the updates.
You cannot participate in the Site, purchase or use any NFT, or display any NFT if you: (a) are not able to form legally binding contracts (for example, if you are under 18 years old); or (b) are a person with whom transactions are prohibited under economic or trade sanctions.