As an NFT owner, you have the right to copy, display, remix, and do other creative things with the character linked to your NFT, with minimal restrictions. Under this license, you can incorporate your NFT character into pretty much everything: physical goods, write novels, use it in production environments even for commercial purposes. Let us know if you do, we’d love to hear about your project!
We want everyone to be creative and who knows, even make an extra income out of it. That's why we decided to give you a full commercial use rights, that means you can use your NFT associated character(s) for ANY economic activity royalty free, as long as you don't use it to do bad things -- illegal, racist, sexist, violent, homophobic stuff... (read section 2.4 below). However, this license does NOT give you ownership of the underlying art, brands, or other intellectual property associated with project/publisher organization.
The General NFT License below is a legally binding agreement between you and us, so please review this document carefully before deciding whether to acquire a NotSoDead NFT.
NotSoDead License Agreement
This General NFT License (the “License”) states the terms and conditions governing each NFT that is offered, sold, or transferred to any person (which may be an individual or an entity). If you sell, purchase, transfer, or acquire an NFT, you agree to be bound by the terms of this License.
Art means any art, design, drawing, fictional character, illustration, image, vector, video, 3D asset, template asset, or other pictorial or graphic work associated with the NFT.
Economic Activity means any activity engaged in to obtain income, regardless of whether or not the activity is aimed at making a profit.
NFT means the NFT created or issued on the project/publisher web site (“we” or “us”) or minted directly via smart contract that is linked via metadata with specific Art, including but not limited to a specific visual character.
NFT means an Ethereum-based non-fungible token complying with the ERC-721 standard, ERC-1155 standard, or other similar non-fungible token standard. Is a unit of data stored on a digital ledger, called a blockchain, that certifies a digital asset to be unique and therefore not interchangeable.
1. Intellectual Property Ownership
1.1 You own an NFT if your ownership of the NFT is cryptographically verified on the Ethereum blockchain. As an NFT owner, you own the non-fungible token — i.e., the digital token recorded on the blockchain — but you do not own the Art associated with the token.
1.2 You acknowledge and agree that we own all legal right, title, and interest in and to all elements of the Art. You acknowledge that the Art is protected by, as applicable, copyright, patent, or trademark laws or other relevant intellectual property and proprietary rights.
1.3 You do not have a right to use any trademarks or logos owned by us.
1.4 NotSoDead relinquises rights to reproduce the Art as any additional NFT format. If found in violation, Minter may use all options under the law to recoup what it may consider as lost revenue.
1.5 You do not have the right to reproduce the Art as any additional NFT format (or creating other collections on NFT marketplaces with our Art). If found in violation, we may use all options under the law to recoup what we may consider in fines and lost revenue.
2. Your License
2.1 If you own an NFT (section 1.1), then we grant you a personal, non-sublicensable, non-exclusive, license to use, copy, display, modify, and create derivative works from the specific art associated with the NFT which you own, subject to the restrictions described in Section 2.4 below.
2.2 You may exercise your commercial license for economic activity royalty free, subject to the usage limitations described in Section 2.4 below.
2.3 Transferring Your NFT. You may sell or transfer your NFT digitized token, and upon such sale or transfer, we retain a 4% comission of the net profit of the sale and your entire license to the Art and any associated rights will transfer to the new owner. The new owner will enjoy the license and any associated rights described in this section, provided that the new owner’s ownership of the NFT is cryptographically verifiable on the Ethereum blockchain.
2.4 Restrictions. You agree to not use the Art in any way that is unlawful, pornographic, defamatory, abusive, harassing, obscene, libelous, harmful to minors, racist, sexist, homophobic, hate speech, gender discrimination, violence, depicting the use of drugs or cigarettes or otherwise objectionable to any persons under the age of 18.
You shall indemnify and defend NotSoDead against any claims, damages, proceedings, loss or costs arising from such use. User shall not use the NotSoDead Licensed Materials in any way that could be construed as being adverse or derogatory to the image of NotSoDead or any of its subjects featured in the NFTs.
3. Digital Collectible Not A Security
THE DIGITAL COLLECTIBLE IS INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. IT IS NOT A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. OR MEXICO STATE.
Changes to This License Agreement
We may update our License Agreement. Thus, we advise you to review this page periodically for any changes. These changes are effective immediately, after they are posted on this page.
If you have any questions about our License Agreement, do not hesitate to contact us.