DLFR - Digital Loyal Friends

“Art” means any art, design, and drawings that may be associated with an NFT that you own. "NFT" means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard. “Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain. “Extensions” means third-party designs that: (i) are intended for use as extensions or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art. “Purchased NFT” means an NFT that you own. “DLFR” means Digital Loyal Friends NFT collection.

• A. You Own the NFT.

  Each Digital Loyal Friend is an NFT on the Ethereum blockchain. When you purchase a DLFR NFT, you own the underlying Digital Loyal Friend and the associated Art completely, subject to your continued compliance with the terms of this License. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Digital Loyal Friend.

• B. General Use.

  Subject to your continued compliance with the terms of this License, DLFR Creator grants you a worldwide, royalty-free license to use, copy, and display the Art for your Purchased NFTs, along with any Extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Digital Loyal Friend NFT, provided that the marketplace cryptographically verifies each Digital Loyal Friend NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Digital Loyal Friend NFTs, provided that the website/application cryptographically verifies each Digital Loyal Friend NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.

• C. Commercial Use.

  Subject to your continued compliance with these Terms, DLFR Creator grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would, e.g., be the use of the Art to produce and sell merchandise products (T-Shirts, etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Digital Loyal Friend NFTs generally, provided that the marketplace cryptographically verifies each Digital Loyal Friend owner’s rights to display the Art for their Digital Loyal Friend to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Digital Loyal Friends generally, provided that the third-party website or application cryptographically verifies each Digital Loyal Friend owner’s rights to display the Art for their Digital Loyal Friend NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.

You agree that you may not, nor permit any third party to do or attempt to do any of the following without Creator’s express prior written consent in each case: (i) modify the Art for your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder); (ii) use the Art for your Purchased NFTs 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. The restriction in Section 3 will survive the expiration or termination of this License.

The license granted in Section 2 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 license granted in Section 2 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 for those NFTs.

Other than the rights to the Art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Digital Loyal Friends Creator. The rights that you have in and to the Art are limited to those described in this License. Digital Loyal Friends Creator reserves all rights not expressly granted to you in this License.

You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services, Digital Loyal Friend NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of an NFT).

DIGITAL LOYAL FRIENDS IS A COLLECTION OF NON-FUNGIBLE TOKENS RUNNING ON THE ETHEREUM NETWORK. YOUR ACCESS TO AND USE OF THE DIGITAL LOYAL FRIEND NFT AND NFT MEDIA IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AND EQUITYHOLDERS (THE “CREATOR ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE DLFR NFTS AND NFT MEDIA. USERS ARE ENTIRELY RESPONSIBLE FOR THE SAFETY AND MANAGEMENT OF THEIR OWN PRIVATE ETHEREUM WALLETS AND FOR VALIDATING ALL TRANSACTIONS AND CONTRACTS GENERATED BY THIS WEBSITE BEFORE APPROVAL. FURTHERMORE, AS THE DIGITAL LOYAL FRIENDS SMART CONTRACT RUNS ON THE ETHEREUM NETWORK, THERE IS NO ABILITY TO UNDO, REVERSE, OR RESTORE ANY TRANSACTIONS. THIS WEBSITE AND ITS CONNECTED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. BY USING THIS WEBSITE, YOU ARE ACCEPTING SOLE RESPONSIBILITY FOR ANY AND ALL TRANSACTIONS INVOLVING DIGITAL LOYAL FRIENDS DIGITAL COLLECTIBLES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CREATOR OR CREATOR ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE ART AND NFTS, EVEN IF THE CREATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE CREATOR FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE AMOUNT YOU PAID TO THE CREATOR FOR THE NFT.