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TERMS & CONDITIONS

8OD is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the 8OD 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 a warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving 8OD digital collectibles.

OWNERSHIP

  1. You Own the NFT. Each 8OD is an NFT on the Ethereumblockchain. When you purchase an NFT, you own the underlying 8OD, the Art, completely. 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 8OD.
  2. Personal Use. Subject to your continued compliance with these Terms, 8OD R.I grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, 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 8OD / NFT, provided that the marketplace cryptographically verifies each 8OD owner’s rights to display the Art for their 8OD 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 8OD, provided that the website/application cryptographically verifies each 8OD owner’s rights to display the Art for their 8OD 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 8OD leaves the website/application.
  3. Commercial Use. Subject to your continued compliance with these Terms, 8OD R.I restricts you from 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.

TRANSFERRING DIGITAL ITEMS

Unless you are otherwise prohibited from doing so, you may transfer a Site NFT together with the license to its corresponding Artwork to a third party, provided that:

  • before making the transfer, you provide written notice to the intended transferee (i) of these Collector Terms and (ii) that their exercise of rights in the Digital Item are and will remain subject to and conditioned upon these Collector Terms (which notice may be provided in the sales listing for the Digital Item);
  • you make the transfer on a platform that (i) verifies that the blockchain identifies your public blockchain address as the owner of the corresponding Site NFT and (ii) conforms to the highest industry standards and customs regarding royalty collection and payment;
  • the transfer complies with applicable laws and regulations, and with the terms of the platform on which you effect the transfer; and
  • you pay (or cause to be paid) the applicable royalty in accordance with Section below.

 

ROYALTY

When you transfer any Digital Item, you shall pay us (or cause to be paid to us) a royalty equal to the amount paid by the transferee (without deductions of any kind) multiplied by 7.5 (seven point five) percent. The platform on which you make the transfer may automatically collect and pay us the royalty, which payment would fulfill your obligation to pay the applicable royalty. You shall pay all fees (e.g., “gas,” platform fees) and taxes (other than taxes on our net income) associated with the transfer and won’t deduct any such amounts from the applicable royalty. You shall pay all such amounts to an account or blockchain address that 8OD designates, either in ETH or other cryptocurrency acceptable to 8OD. IF YOU OBTAIN A DIGITAL ITEM FROM A THIRD PARTY WHO HAS NOT PAID THE ROYALTY DUE IN CONNECTION WITH SUCH TRANSFER, YOU OBTAIN NO LICENSE TO CORRESPONDING ARTWORK UNLESS AND UNTIL YOU HAVE PAID US (OR CAUSED TO BE PAID TO US) SUCH ROYALTY.