1.1 Our NFTs. NFTs that we provide:
- may, where expressly stated in the description of such NFTs, include additional functionality, content, or subscription access to goods, services and/or experiences;
- may be unique or part of a limited series, or redeemable only once;
- may include the ability to redeem an electronic certificate for goods, services and experiences, which may be unique or part of a limited series, or redeemable only for a specified number or amount of goods, services and experiences;
- may be subject to additional terms or qualifications as stated in the description of the NFT; and
- are subject to applicable laws as in effect from time to time.
1.2 Ownership of NFTs
"Own" means your rights with respect to an NFT you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the applicable blockchain. You agree, in relation to any NFT that you Own, that you Own that NFT in accordance with any description which accompanies that NFT. Issuer may, at its option, use third party platforms or wallet extensions (which may be owned or operated by third parties) to sell NFTs ("Third Party Sites"). You agree to adhere to any applicable terms of service or privacy policies applicable to the use of any Third Party Sites.
UNLESS STATED OTHERWISE IN THE DESCRIPTION OF THE APPLICABLE NFT, AN NFT THAT YOU OWN WILL BE TRANSFERABLE, BUT ANY TRANSFEREE WILL BE SUBJECT TO THESE NFT TERMS. NFTS THAT WE PROVIDE ARE UTILITY TOKENS TIED TO UNIQUE GOODS, SERVICES AND EXPERIENCES. YOU SHOULD NOT PURCHASE OUR NFTS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.
1.3 Ownership of Creative Materials.
You acknowledge and agree that Issuer (or, as applicable, its licensors) own all rights, title and interest in and to any artwork, designs, drawings, photographs, labels, logos, insignia, trademarks, trade dress, copyright, recipes, formulas and other creative materials that may be associated with any NFT that you Own (collectively, "Creative Materials"), and all intellectual property rights therein. The rights that you have in and to the Creative Materials are limited to those expressly stated below, under "Intellectual Property Ownership, Licenses and Restrictions." Notwithstanding any purchase of NFTs, all right, title, and interest in the Issuer Intellectual Property (as defined below), including the Creative Materials and other Issuer Intellectual Property incorporated in any NFTs (including NFTs that you Own) and including all copyrights, trademarks, and other intellectual property rights therein, are held by Issuer or its licensors, and you agree not to infringe, violate or misappropriate those exclusive rights.
1.4 Risks of NFTs.
Once you Own any NFT, you are responsible for any loss or damage to, or loss of access to, the NFT and neither Issuer nor any of its licensors shall have any liability in such circumstances, regardless of cause. You expressly understand and agree that your use of the Platform and any NFTs is at your sole risk and that the Platform and NFTs are provided "as is" and "as available."
1.5 Terms of Sale.
All sales of NFTs are final. Once you have made a purchase of an NFT, you should promptly take the necessary steps to complete your transaction (e.g., activate or download any content or secure any seed phrase or corresponding private key). We encourage the use of secure, offline storage measures for NFTs. You may purchase NFTs using real or virtual/cryptocurrency, where multiple payment options are made available to you. You may resell or otherwise transfer an NFT that you Own where this is permitted by these NFT Terms and applicable law. Any sale or transfer must provide for the transfer of all of your rights then outstanding with respect to such NFT. Anyone receiving such NFTs from you agrees to and is bound by these NFT Terms. You are strictly forbidden to sell, swap, donate, give away, transfer, or otherwise dispose of your purchased NFT to any person who is not twenty-one (21) years or older. We expressly reserve the right to seize, freeze, or otherwise modify the ownership of any NFT in case of non-compliance with the foregoing.
1.6 Season Two Dynamic Badges (July, 2022).
1.6.1 Limited Edition.
Our sale of NFTs pursuant to these NFT Terms being launched in July, 2022 will be capped at 10000 NFTs, each featuring the address, rank, and score of the NFT owner's minting address. This rank and score will be updated daily, until the end of the season, at which point no new mints for this collection will be allowed, and scores will cease to update.
We reserve the right to issue new NFTs and related goods and experiences in the future.
Each NFT will be priced at 0.03 ETH for VIP List members, and 0.05 ETH for the general public, not inclusive of all applicable NFT minting and "gas" costs, excise taxes and U.S. domestic shipping.
1.6.3 VIP List.
A list of addresses will be generated before launch that will recieve a discounted mint price ("VIP List"). This list will be generated using ETHRank's database, comprising any scores from the current season that are 100 or more.
1.6.4 Redemption Process: VIP List.
VIP List minting will last approximately 24 hours, with the price being adjusted to the Public Sale price after that. Examp, LLC reserves the right to modify the mint prices as well as extend, renew, pause, cancel, suspend or otherwise modify the mint process.