This NFTs Terms and Conditions (“Terms”) shall regulate the owners’ rights and obligations, as well as conditions, limitations and exclusions that might apply to an etermax collectible on the Network.
An etermax collectible shall contain collectibles exclusive content (for example a photograph, video, or digital content) from the online game Trivia Crack.
Each etermax collectible contains a Non-Fungible Token (an “NFT”) on the Reality Code blockchain based in Ethereum (the “Network”).
The etermax collectible shall contain not only the underlying NFT, but also etermax Intellectual Property and Third-Party Intellectual Property.
etermax Intellectual Property shall mean: Except for the underlying NFT and the Third Party Intellectual Property, all legal right, title and interest that etermax owns in and to all other elements of the etermax collectible, and all intellectual property rights therein, including, without limitation, content, art, design, drawings, characters, figures, systems, methods, information, computer code, software, services, “look and feel”, trade dress, sounds, distinctive colors, trademarks, patents, organization, compilation of the content, code, data, and all other elements or materials.
etermax Intellectual Property is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
All etermax Intellectual Property is the copyrighted property of etermax, and all trademarks, service marks, and trade names associated with the etermax collectible or otherwise contained in the etermax collectible are proprietary of etermax.
Third-Party Intellectual Property shall mean: Except for the underlying NFT and etermax Intellectual Property, licensed intellectual property by etermax from a third party, for the use on an etermax collectible.
All Third-Party Intellectual Property is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
Third-Party Intellectual Property are the copyrighted property of etermax´s licensors, and all third-party trademarks, service marks, and trade names associated with the etermax collectible or otherwise contained in the etermax collectible are proprietary of etermax´s licensors.
Therefore, the purchase or having rightfully acquired the NFT contained in the etermax collectible, only makes the holder of it, the owner of the ninety percent (90%) of the underlying NFT of such etermax collectible on the Network. That is, because etermax shall keep the ownership of the ten percent (10%) of the underlying NFT of such etermax collectible, keeping all of its rights in such percentage, including but not limited to it collecting rights, for any sell, exchange or swap of the NFT.
THE OWNERSHIP WILL ONLY BE RECOGNIZED BY ETERMAX IF THE PURCHASE OR OTHERWISE RIGHTFULLY ACQUISITION IS FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE PROHIBITED ACTIVITIES AND WHEN PROOF OF SUCH PURCHASE OR RIGHTFULL ACQUISITION IS RECORDED ON THE NETWORK. OWNERSHIP OF THE UNDERLYING NFT OF THE ETERMAX COLLECTIBLE IS MEDIATED ENTIRELY BY THE NETWORK.
The owner of the underlying NFT of the etermax collectible shall have the right to swap it, sell it (when allowed on the Network) for its percentage, or give it away for its percentage.
This rights to the underlying NFT of the etermax collectible do not grant ownership of or any other rights with respect to any etermax Intellectual Property or Third-Party Intellectual Property the owner may access on or through the underlying NFT of the etermax collectible.
etermax reserves all rights in and to the etermax Intellectual Property or Third-Party Intellectual Property that are not expressly granted in these Terms.
For the sake of clarity, the owner understands and agrees: a) that they do not have the right to modify, reproduce, distribute, or otherwise commercialize any etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible; and b) that they will not apply for, register, or otherwise use or attempt to use any of etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible or any confusingly similar marks, anywhere in the world.
Subject to the continued compliance with these Terms, etermax grants the owner a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible solely for the following purposes:
(a) for its own personal, non-commercial use;
(b) as part of a marketplace that permits the purchase and sale of the etermax collectible, provided that the marketplace cryptographically verifies each etermax collectible owner’s rights and these Terms; or
(c) as part of a third party website or application that permits the inclusion, involvement, or participation of the etermax collectible, provided that the website/application cryptographically verifies each etermax collectible owner’s rights and these Terms.
The license granted applies only to the extent that the owner continues to own the applicable etermax collectible.
Once the owner sells (when allowed on the Network), swaps, donates, gives away, transfers, or otherwise dispose the etermax collectible for any reason, the license granted will immediately expire with respect to that etermax collectible without the requirement of notice, and there shall be no further rights in or to etermax Intellectual Property or Third-Party Intellectual Property.
The owner agrees not, nor permit any third party to do or attempt to do any of the foregoing: (a) modify etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
(b) use the etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible to advertise, market, or sell any third party product or service;
(c) use the etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible in connection with images, videos, or other forms of media;
(d) use the etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible in movies, videos, or any other forms of media;
(e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise (for example clothes, board games, toys, etc.) that includes, contains, or consists of the etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible;
(f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible; or
(g) otherwise utilize etermax Intellectual Property or Third-Party Intellectual Property of the etermax collectible for the owners or any third party’s commercial benefit.
It is considered Prohibited Activities in order to purchase or acquire the etermax collectible if such activities:
(1) involve creating user accounts on the Network by automated means or under false or fraudulent pretenses;
(2) involve the impersonation of another person (via the use of an email address or otherwise);
(3) involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
(4) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Network
(5) involve acquiring etermax collectibles through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a etermax collectibles and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the etermax collectibles or selling, gifting or trading the etermax collectibles to someone else); or
(6) otherwise involve or result in the wrongful appropriation or receipt of any etermax collectibles.
If the owner has engaged in any of the Prohibited Activities, etermax may, at our sole and absolute discretion, without notice or liability to the owner, and without limiting any of etermax´s other rights or remedies at law or in equity delete your etermax collectibles images and descriptions from the Network.
Such deletion will not affect your ownership rights in any NFTs that you already own, but the owner will not receive a refund of any amounts it has paid.
AS THE OWNER YOU EXPRESSLY UNDERSTAND AND AGREE THAT PURCHASE OR AQUIRE AN ETERMAX COLLECTIBLE AT SOLE RISK, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ETERMAX, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE NFT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY.
AS THE OWNER YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT ETERMAX HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY
ETERMAX WILL NOT BE RESPONSIBLE OR LIABLE TO YOU AS THE OWNER FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE NETWORK, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
(I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS;
(II) SERVER FAILURE OR DATA LOSS;
(III) CORRUPTED WALLET FILES; OR
(IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, THE FLOW NETWORK, OR ANY ELECTRONIC WALLET.
ETERMAX COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE NETWORK.
ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE NETWORK.
ETERMAX HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
ETERMAX IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Except as stated under these Terms, the owner may not assign its rights or obligations, whether by operation of law or otherwise.
All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of California, USA.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of California, USA.
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