Please read these Terms of Use (“Terms”) carefully. The Terms contain important information about your legal rights, remedies, and obligations.
By accessing or using Euphorians.Art including a server hosted at Discord.io (“Website”), you agree to comply with and be bound by the Terms, the NFT Terms of Services defined hereunder, and all Applicable Laws and regulations. If you do not agree, you must not use the Website or any ancillary product or service as defined hereunder.
If you have any questions about the Terms, please email us at [email protected].
The NFT Terms of Service (“NFT Terms”) contained herein apply to sales by Euphorians Art Inc., a federal corporation established under the Canada Business Corporations Act (“Euphorians”) through Third Party Sites (for example, OpenSea) and blockchain-based applications (all of the foregoing, together with the functionality associated therewith, collectively, the “Platform”) of non-fungible tokens (“NFTs). Euphorians (sometimes referred to herein simply as “we,” “us,” or “our”) may sell NFTs to initial purchasers thereof, and may provide goods and services to initial purchasers and subsequent transferees of NFTs (sometimes referred to herein simply as “you” or using similar terms), including without limitation access to the Platform, subject to your acceptance of these NFT Terms.
The Terms together with the NFT Terms are a binding contract between you and us. Your purchase of, acquisition of, and/or ownership of, NFTs through the Platform constitutes your full and unconditional agreement to these NFT Terms. We may update these NFT Terms
NFT TERMS
You acknowledge and agree that Euphorians owns all legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that you have in and to the Art are limited to those expressly stated in Section 3 of these Terms below.
Subject to your rightful and lawful purchase or acquisition of the NFT and, with respect to a Purchased NFT, your continued compliance with these Terms, Euphorians grants owners of a
Purchased NFT a worldwide, non-exclusive, revocable, royalty-free license, for the following purposes: (i) for your own personal (for example home display, display in a virtual gallery or as an avatar); (ii) as part of a marketplace that permits the purchase and sale of NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs 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 (iv) the non-exclusive right to distribute, offer for sale, sell, advertise and promote the Art, worldwide, and subject to the provisions of these NFT Terms (the “Commercial License”), via direct mail catalogs, the Internet, music/video stores, and chain and non- chain stores (collectively, the “Licensed Channels”).
The license to display the Art for the purchased NFT is automatically and always transferred with the NFT as provided below in Section 5. Otherwise the license to display the Art for the purchased NFT is non-transferable.
You agree that you may not, nor permit any third party to do or attempt to do any of the following without Euphorians’ express prior written consent in each case: (i) 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 or promote illegal activities; (ii) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased NFTs; or (iii) use the Art for your Purchased NFTs in connection with defamatory or dishonest statements about Euphorians and/or its affiliated companies or which otherwise damage the goodwill, value or reputation of Euphorians or represent or imply that your exercise of the license in Section 3 is endorsed by Euphorians and/or its affiliates.
The restrictions in Section 4 will survive the expiration or termination of the license granted in Section 3. The NFT, and any product or service related to the NFT, is not available to certain individuals, countries, or territories deemed sanctioned by governing bodies. Please refer to the sanction websites for the United States (https://home.treasury.gov/policy-issues/office-of-foreign- assets-control-sanctions-programs-and-information), and countries of the European Union (https://sanctionsmap.eu/#/main), for up-to-date lists at the time of this reading. Euphorians accepts no liability for losses to any party based in any of the foregoing countries or territories arising out of, or in connection with, any order for any of the products or services, including NFTs, detailed on this website/application.
Without limitation to Section 4 above, the license in Section 3 does not include: (i) the right to use the Art to create additional NFTs; (ii) the right to create derivative works of the Art; (iii) the right to, and you may not, use any Euphorians trademarks in connection with the exercise of your license in Section 3.