Holder Benefits
TERMS & CONDITIONS
Luminous Unicorns Club is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to view and access information about NFTs. Users are entirely responsible for the safety and management of their own private Ethereum wallets and for validating all transactions and contracts. Since the Luminous Unicorns Club’s smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
1. DEFINITIONS
“Company” refers to the owners of the Luminous Unicorns Club NFT.
“Luminous Unicorns Club NFT” means any Luminous Unicorns Club branded or themed NFT created by or on behalf of Luminous Unicorns Club.
“Artwork” means any art, design, or drawing that may be associated with an NFT available or shown on the Website.
“Buyer” means a User purchasing an NFT.
“Ethereum” means the blockchain platform with its own cryptocurrency called Ether (ETH) or Ethereum.
“NFT” means a blockchain-tracked non-fungible token associated with an Artwork.
“NFT Owner” means a User owning an NFT.
“Purchased NFT” means an NFT owned by a User.
“Royalty” means the amount payable by NFT Owner to Luminous Unicorns Club on each Transaction.
2. OWNERSHIP
You acknowledge and agree that Luminous Unicorns Club owns all legal rights, title, and interest in and to the Artwork and all intellectual property rights therein. The rights that you have in and to the Artwork are limited to those described in this License. Luminous Unicorns Club reserves all rights in and to the Artwork not expressly granted to you in this License.
3. LICENSE & ROYALTY
3.1 The ownership of a Purchased NFT is governed by a smart contract on Ethereum, which cannot be reversed or modified in any way whatsoever.
3.2 Subject to her/his continued compliance with the Agreement, Service Provider grants NFT Owner a worldwide, exclusive, transferable, license to use, copy, and display an Artwork, subject to Royalties as detailed in clause 3.4 hereinbelow, solely for the following purposes:
(a) For NFT Owner’s own personal use; (b) For commercial use subject to clause 3.3 herein below; (c) As part of a marketplace that permits the purchase and sale of Purchased NFTs, provided that the marketplace cryptographically verifies each NFT Owner’s rights to display any Artwork to ensure that only the actual owner can display such Artwork; (d) Or as part of a third-party website or application that permits the inclusion, involvement, or participation of Purchased NFTs, provided that the website/ application cryptographically verifies each NFT Owner’s rights to display the Artwork to ensure that only the actual owner can display such Artwork, and provided that such Artwork is no longer visible once such NFT Owner leaves the website/ application.
3.3 Subject to her/his/Them continued compliance with the terms of the Agreement, Service Provider grants NFT Owner a limited, worldwide, exclusive, transferable license to use, copy, and display the Artwork associated with Purchased NFTs to commercialize User’s own merchandise that includes, contains or consists of the Artwork.
For the sake of clarity, nothing in this section will be deemed to restrict NFT Owner from:
(a) Owning or operating a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each NFT Owner’s rights to display the Artwork to ensure that only the actual owner can display such Artwork; (b) Owning or operating a third-party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third-party website or application cryptographically verifies each NFT Owner’s rights to display the Artwork to ensure that only the actual owner can display such Artwork, and provided that such Artwork is no longer visible once such NFT Owner leaves the website/application.
3.4 The license granted applies up to the extent that NFT Owner continues to own a Purchased NFT. If at any time NFT Owner sells, trades, donates, gives away, transfers, or otherwise disposes of her/his Purchased NFT for any reason, the license granted in this section will immediately expire concerning such Purchased NFT without the requirement of notice, and User (former NFT Owner) will have no further rights in or to such Artwork.
3.5 In consideration of the rights granted to each User under the Agreement, the company shall be entitled to receive a Royalty of five percent (5%) of the value of each Transaction.
4. USER OBLIGATIONS
The user accepts the following:
User must be at least thirteen (13) years old; when User is between the ages of thirteen (13) and eighteen (18) years old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of User’s primary residence), User may only access and use the Website with the prior consent of her/his Parent(s), where the Parent certifies and warrants to the Company that :
(a) User has her/his/their consent, and (b) that he/she/they have reviewed and discussed the terms of the Agreement with User.
5. NO WARRANTIES
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE AT THE COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. DISCLAIMER
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENTS BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Company reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (b) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (c) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
7. NFT DATA
THE COMPANY DOES NOT PROMISE THAT COMPANY WILL MAINTAIN NFT DATA ONCE IT IS SOLD AND DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ANY NFT DATA LOSS. ONCE ANY LUMINOUS UNICORNS CLUB NFT IS SOLD, THE BUYER INSTANTLY BECOMES RESPONSIBLE FOR FIGURING OUT HOW TO STORE THE DATA ASSOCIATED WITH THE/ THEIR NFT. THIS ALSO APPLIES TO SECONDARY SALES WHERE WHOEVER OWNS ANY LUMINOUS UNICORNS CLUB NFT AT ANY GIVEN POINT WOULD BE RESPONSIBLE FOR MAINTAINING THE DATA.
8. INDEMNIFICATION
By entering into this License and accessing or using the Luminous Unicorns Club NFTs or Luminous Unicorns Club Artwork, You agree to defend, indemnify, and hold the Company, its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against the Company arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.