You agree to the following terms and conditions (the “Terms”) in connection with your acquisition, claim or transfer of a non-fungible token (“NFT”), which is a blockchain-based digital token that is associated with a certain digital work of authorship or content by Fake You (the “Content”), that is as of its genesis issuance, is linked to a display of digital art and/ or content that is provided by or owned by Fake You (such NFT, the “Fake You NFT”).Limited License
If you acquire a Fake You NFT, you are entitled to the right to sell, transfer or dispose of that NFT. Such rights, however, do not include the ownership of the intellectual property rights in the Contents relating to such Fake You NFT.
As between you and Fake You, Fake You and its licensor(s) own all right, title and interest in the Content and all intellectual property rights related thereto. The Content is exclusively owned or controlled by Fake You, which is separate from the associated NFT, and Fake You reserves any and all rights in and to the Content not expressly granted to you herein. Purchase of any Fake You NFT shall not transfer any ownership right in any of the Content to you.
Fake You hereby grants you with a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to view, digitally copy and display the Content for the duration of your ownership of the Fake You NFT: (i) for your own personal, non-commercial use and (ii) as part of a marketplace or platform that permits the display, purchase and sale of Fake You NFTs, provided that such marketplace or platform has sufficient method to verify the owners’ rights to display and sell such NFTs. The above limited grant is subject to your compliance with the Terms and to the extent of Fake You’s right and ability to grant such license. Notwithstanding the above limitation on digital-only copies, you may make one physical print of the Content for your own personal, non-commercial use to be retained so long as you own the associated NFT. You have no right to make any use of the Content other than as set forth in these Terms, and you shall not in any way dispute or do anything to challenge or impair the validity of Fake You’s rights in and to the Content.
Without limiting the foregoing, you may not use the Content or any trademarks, logos, names, likenesses, images, characters, art work, or other embedded intellectual property contained within the Content or relating to the relevant Fake You NFT, with any business, product, service, or in any manner that may imply endorsement of any business, message, product, or service, as applicable, or that is likely to cause confusion or dilute, distort, smudge or tarnish any such trademarks, logos, names, likenesses, images, characters, art work, or embedded intellectual property contained therein, including those of Fake You. Your use of such intellectual property is subject to the rights granted above and any additional restrictions imposed by the owner(s) of such intellectual property. All use of the Content and related intellectual property, including any goodwill generated by such use, will inure to the benefit of Fake You and its licensors.
Fake You may, from time to time and in its sole discretion, grant additional rights or further limit your rights in the Fake You NFT or the Content.
Fake You may store the Content at a specified IPFS or URL, but Fake You has no obligation to provide or maintain such IPFS or URL, and you further acknowledge and agree that any such IPFS or URL is subject to the disclaimer and limitation of liability set forth herein. Fake You may update the Content associated with a Fake You NFT or stored at an IPFS or URL, and while it will make reasonable efforts to provide notice of any such update, Fake You is not obligated to provide the same.
Prior to the release of any Fake You NFT or at any time thereafter, Fake You or and other third parties have the right, but not obligation, to make additional content, items, or other rights or benefits available to holders of the Fake You NFT (“Additional Benefit”). Any Additional Benefits are not guaranteed and may be subject to further terms, conditions, purchase, or application.Your Information
You agree that you may not, or permit any third party to, do or attempt any of the following without Fake You’s prior express written consent, in each case:
Use the Content or Fake You NFT, in whole or in part, to advertise, market, promote, reproduce, offer, sell, or distribute for commercial gain any product or service in any manner or media, whether for your own commercial benefit or that of any third party or otherwise;
Modify, edit, alter, manipulate, reproduce, commercialize, distribute or reuse the Content or Fake You NFT, in whole or in part, in any way, including without limitation, any art, design, drawings, or other intellectual property contained in the Content, except as otherwise expressly set forth in these Terms;
Use the Content or Fake You NFT in connection with any content, images, videos, or other forms of media that (i) depict hatred, intolerance, violence, cruelty, or any other subject matter that could reasonably be found to constitute hate speech or be considered abusive, defamatory, ethnically or racially offensive, harassing, harmful, obscene, offensive, sexually explicit, threatening, or vulgar; (ii) contain any other material, products, or services that violate or encourage conduct that would violate any criminal or other applicable laws or any public policy; (iii) violate or infringe on any third-party rights; or (iv) violate Fake You’s policies and guidelines or reflects negatively in any way on Fake You’s brand;
Create, display, advertise, market, promote, display, distribute, reproduce, or sell any derivative works of the Content or Fake You NFT (including any fractionalized interests in the Content or Fake You NFT), or any merchandise of any kind that includes, contains, uses, incorporates, or consists of the Content or Fake You NFT;
Use the Content in movies, videos, games, or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial purposes;
Apply for, register, or otherwise use or attempt to use the Content or Fake You NFT, any other intellectual property owned by or associated with Fake You or their other products or services, in whole or in part, as a trademark anywhere in the world, or attempt to copyright or otherwise acquire additional intellectual property rights in or to the Content or Fake You NFT;
Challenge or negatively impact Fake You’s rights with respect to the Content, including but not limited to the ownership or validity thereof;
Make any additional representations or warranties to any third-party relating to the Content or Fake You NFT except those contained in these Terms; and
Display, copy, or otherwise use the Content or Fake You NFT, except in connection with the limited license granted hereunder, without Fake You’s prior express written approval for such use.
If you sell, trade, donate, gift, assign or otherwise transfer, assign or novate the Fake You NFT, you must provide explicit notice of these Terms to the receiving party.
Fake You may use or implement technical measures with respect to the security of the Content, and you will not take any action to interfere with, circumvent, disable or otherwise obstruct any such security-related features or other digital rights management functions associated with the Content or the related Fake You NFT.Warranty and Disclaimer
You represent and warrant that you: (a) are at least the age of majority in you place of residence (which is 18 years of age in most U.S. states) and has the legal capacity to enter into a transaction contemplated herein, (b) will use and interact with the Contents only for lawful purposes and in accordance with the Terms, and (c) will not use the Contents to violate any law, regulation or ordinance or any right of Fake You, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. You further agree that you will comply with all applicable laws.
FAKE YOU MAKES THE FAKE YOU NFT, CONTENT, LICENSE, ANY ASSOCIATED WEBSITE, AS WELL AS ANY ADDITIONAL BENEFIT PROVIDED BY FAKE YOU OR ANY THIRD-PARTY IN CONNECTION WITH OWNING THE FAKE YOU NFT, AVAILABLE “AS IS” AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE CONTENT AND FAKE YOU NFT. FAKE YOU MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON ANY OF THE FAKE YOU NFTs.
FAKE YOU WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY USE OF THE CONTENTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO THE CONTENTS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE CONTENTS OR FAKE YOU NFTs.
THE FAKE YOU NFTs AND ITS RELATED CONTENTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH FAKE YOU DOES NOT CONTROL. FAKE YOU DOES NOT GUARANTEE THAT IT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY OF THE FAKE YOU NFTs. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS THAT YOU PURCHASE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, FAKE YOU MAKES NO CLAIMS OR REPRESENTATIONS ABOUT THE IDENTITY, LEGITIMACY OR AUTHENTICITY OF ASSETS OR ANY PURPORTED SECONDARY TRANSACTIONS.
FAKE YOU IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE FAKE YOU NFTs. FAKE YOU IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE FAKE YOU NFTs, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.Assumption of Risk
You accept and acknowledge all risks associated with the following:
(a) You are solely responsible for determining what, if any, taxes apply to your purchase, sale, or transfer of any Fake You NFT. Fake You is not responsible for determining or paying the taxes that apply to any transactions relating to the Fake You NFT.
(b) Fake You does not store, send or receive cryptocurrency assets. Any transfer of cryptocurrency assets occurs within the supporting blockchain that is not controlled by Fake You. Transactions involving Fake You NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that you initiated the transaction.
(c) There are risks associated with using an Internet based digital asset, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet. Fake You will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when effecting the Fake You NFT related transactions.
(d) Digital assets, including blockchain based assets such as Fake You NFTs, are subject to developing laws and regulations throughout the world.
(e) Transactions involving Fake You NFTs may rely on third-party platforms to perform transactions which are outside of Fake You’s control. Therefore, access to and interactions for the Fake You NFTs may be limited or unavailable.Limitation of Liability
IN NO EVENT WILL FAKE YOU BE LIABLE, WHETHER UNDER ANY THEORY OF LIABILITY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE OR PROFITS, LOSS OF DATA, OR OTHER LOSS OF BUSINESS, EVEN IF SUCH PARTY IS NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, ARISING OUT OF THESE TERMS.
THE MAXIMUM AGGREGATE LIABILITY OF FAKE YOU FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE $1000.
FAKE YOU DOES NOT OWN OR CONTROL ANY OF THE SOFTWARE PROTOCOLS, SERVICES, EXCHANGES OR APPLICATIONS THAT MAY BE USED IN CONNECTION WITH THE FAKE YOU NFT, INCLUDING ANY CRYPTOCURRENCY WALLET, THIRD-PARTY SERVER ON WHICH MEDIA RELATING TO THE CONTENT IS STORED OR THIRD-PARTY MARKETPLACES (“THIRD-PARTY SERVICES”). FAKE YOU DISCLAIMS ALL LIABILITY RELATING TO THE THIRD-PARTY SERVICES, AS WELL AS ANY PRICE FLUCTUATIONS IN NFT VALUATION, AND MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY OR AVAILABILITY OF THE THIRD-PARTY SERVICES. YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY THIRD-PARTY SERVICES OR THE TRANSFER, LOSS OR THEFT OF ANY FAKE YOU NFT.Indemnity
You agree that you shall defend, indemnify and hold harmless Fake You and its and their respective directors, officers, employees, licensors, content providers, agents, advisors, consultants and representatives, from any claim or action arising from: (i) your breach or alleged breach of these Terms, (ii) your ownership of the Fake You NFT, (iii) your transfer or attempted transfer of the Fake You NFT, or (iv) the exercise of any rights granted in these Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use or interaction with the Fake You NFT; or (vi) any misrepresentation made by you.Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER AND A JURY WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND WITHOUT A JURY.
You may contact us by e-mail at email@example.com
to address any concerns you may have. Most concerns may be resolved by contacting us in this manner. You agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration, without making any public display or disclosure of any such discussion or dispute.
These GTC are subject to French law. To the extent permitted by applicable law, any dispute arising out of or in connection with the sale of the NFTs shall be submitted to the courts of Paris, France.