1. ACCEPTANCE AND ELIGIBILITY
These Terms apply to your minting and ownership of Collectibles. Upon requesting a smart contract to mint a Collectible you agree to be legally bound by and to comply with these Terms that may be amended from time to time at our sole discretion. References in these Terms to “we”, “our” or “us”, are to Cardano Casino, and references to “you”, “your”, “customer” or “user” are to the person with whom Cardano Casino enters these Terms. We use the following definitions in these Terms: “Artwork” means digital creations, artworks, designs, graphics works, texts or set of graphic and text components developed and designed by us; “Collectible” means an NFT associated with the Artwork; “NFT” means a non-fungible token, that is a special type of crypto assets on blockchain networks with unique identification codes and metadata that distinguish them from each other; “Owner” means the current owner of the Collectible. When minted, the acquirer becomes the sole Owner of the Collectible. There can be several different owners of each Collectible throughout time but only one Owner at a time.
2. INTELLECTUAL PROPERTY RIGHTS. LICENSE
Acquiring and collecting digital art and NFTs is different from purchasing or acquiring physical items or physical artworks. When the Owner acquires the Collectible, first of all, the Owner acquires an NFT and gets the full scope of rights in this NFT, however, the Owner will get a limited license (as specified below) in the Artwork. We will assign to the Owner all the rights in a Collectible (NFT token) and the Owner would become an owner of a Collectible as soon as the minting transaction completes successfully. At the same time, we will remain the owner of an Artwork and will own all rights, title and interest in the Artwork, including, but not limited to, copyright, but with restrictions set out below. As the copyright owner, we have several exclusive rights to the Artwork, including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display or perform the Artwork. The Owner may show off its ownership of the Collectible by displaying and sharing the Artwork, but it does not and would not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Artwork, except the limited license granted by these Terms. Subject to the Owner’s continued compliance with these Terms, we grant the Owner, for the legal duration of the intellectual property rights and subject to its ownership and control over the Collectible a worldwide, exclusive and transferable (solely in relation to the sale of the Collectible) license to display the Artwork and to use the Artwork for non-commercial purpose. The Owner’s limited license to display the Artwork includes, but is not limited to, the right to display the Artwork privately or publicly: (i) for the purpose of promoting or sharing the Owner’s ownership or interest over the Collectible, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Artwork; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Artwork; and (iv) within decentralized virtual environments, metaverses, virtual worlds, virtual galleries, virtual libraries, virtual museums, or other navigable and perceivable virtual environments, in any manner the Owner may choose, and for any purpose whatsoever, but not including any commercial use. We reserve all rights in and to the Artwork not expressly granted to the Owner in these Terms. Also, we reserve rights to display, perform and reproduce the Artwork on any media, whether now known or later discovered, for any purpose related to our business and promotion of our business, including without limitation the following: (i) display or perform the Artwork on our websites, third-party platforms, social media posts, blogs, editorials, advertising, market reports; (ii) indexing the Artwork in electronic databases, indexes and catalogues; and (iii) hosting, storing, distributing, and reproducing one or more copies of the Artwork within a distributed file keeping system, node cluster, or other databases (for example, IPFS) or causing, directing, or soliciting others to do so. The Owner is not allowed to publish, produce or print the Artwork with the purpose of commercial use in any form or any media, whether currently known or later discovered. The Owner is not allowed to prepare derivative works of or modify the Artwork. The Owner acknowledges and agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without our express prior written consent in each case: modify, distort, mutilate, or perform any other modification to the Artwork which would be prejudicial to our honor or reputation; use the Artwork to advertise, market, or sell any third-party product or service; use the Artwork in connection with texts, 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, any applicable law or regulation; attempt to mint, tokenize, or create an additional cryptographic asset representing the same Artwork; infringe, in any way whatsoever, our moral rights on the Artwork (including the right of authorship, right of withdrawal, right to the integrity of the Artwork), falsify, misrepresent, or conceal the authorship of the Artwork, and in a particular use or exploit the Artwork, in any way whatsoever, without crediting us; or otherwise, utilize the Artwork for any third party’s commercial benefit. The licensing terms of Sections 2(c)-2(g) (collectively, “License”) apply only to the extent that the Owner continues to own the applicable Collectible. If at any time the Owner sells, trades, donates, gives away, transfers, or otherwise disposes of the Collectible for any reason, the License shall immediately expire without the requirement of notice and be transferred along with the Collectible to its new Owner. The Owner acknowledges that, by disposing of a Collectible, it will not hold the License in the Artwork and thus no longer benefits from the rights granted by the License. Any use of the Artwork after disposal of the Collectible shall be considered an infringing act.
You hereby acknowledge and agree that a Collectible does not and shall not be construed to grant you any kind of the right to convert such Collectible into shares of Cardano Casino or any of its affiliates or other equity of Cardano Casino, does not and shall not be construed to grant you any other right whatsoever, does not and shall not be construed to represent or confer any ownership right or stake, share or security or equivalent rights, voting right or any right to receive dividends, future revenue shares, intellectual property rights or any other form of participation in Cardano Casino and/or any of its affiliates and/or any of their products or services. You hereby acknowledge and agree that we have no debt towards you with respect to the Collectible and will have no obligation to buy back any Collectible from you.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO COLLECTIBLES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF COLLECTIBLES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE QUALITY OF COLLECTIBLES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, COLLECTIBLES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS GENERATED” BASIS.
5. GENERAL TERMS
All notices and communications by you to us under these Terms shall be made in writing to our customer support team or by email: email@example.com and are effective on the date received (unless the notice specifies a later date). If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time. These Terms shall be governed by and construed in accordance with the laws of the Republic of Seychelles. Any dispute controversy, or claim arising out of, or relating to, or in connection with these Terms, including with respect to the formation, applicability, breach, termination, invalidity, enforceability or any dispute regarding non-contractual obligations arising out of or relating to such obligations, shall be subject to the exclusive jurisdiction of courts of the Republic of Seychelles.