Terms and Conditions for Purchase and Use of This NFT
This Terms and Conditions (“This T&C”) sets forth the terms and conditions for the purchase of This NFT and use of This NFT between TAKER Co., Ltd.(“TAKER”) and the one who purchase and hold This NFT(“NFT Holder”). Please read This T&C carefully before purchasing This NFT. If you do not agree to This T&C, you may not purchase This NFT. You are deemed to have agreed to This T&C once you buy This NFT.
- The copyright of the digital artwork(“The Work”) represented by This NFT is reserved by TAKER, the copyright holder. The transfer of This NFT does not constitute a transfer of the copyright.
- The Work is stored on IPFS or other storage designated by OpenSea and can be viewed by anyone, but the copyright is not waived.
- The NFT Holder may resell This NFT on OpenSea. At the time of such resale, the NFT Holder may display a thumbnail of The Work on the OpenSea.
- TAKER shall grants the NFT Holder permission to perform the following acts with respect to all characters of “CryptoBabyAnimals” provided by TAKER (except for Crypto Baby Animals #027 and #030) (“Characters”)on the condition that the NFT Holder participates in the discord group( https://discord.gg/Y8sRvH9V4X ) operated by TAKER. TAKER shall not exercise author’s moral rights against an NFT Holder to the extent that the NFT Holder engages in any of the following acts:
- Following acts using Characters:
– Creation, sale and use of fan art (including uploading to SNS, etc.)
– Production and sale of LINE stamps
– Planning and operation of V-tubers
– Production of animation, cartoons and comics
– Production and sales of merchandise
– Creation and sale of 3D avatars
– Use as material for videos, blogs, SNS and other web services
– Other acts for which the NFT Holder has contacted TAKER and TAKER has granted permission
- Using derivative work (as defined in Article 2(1)(xi) of the Copyright Act) of Characters to perform the acts set forth in the preceding item
- Mint and sell NFT pertaining to derivative work of Characters
- Using illustrations uploaded to the Illustration Stock Collection to commit any of the acts set forth in item (1).
- NFT Holder may not perform any of the acts set forth in the items of the preceding article if NFT Holder has sold This NFT to a third party, except for the following acts using Characters, derivative work of Characters and illustrations uploaded to the Illustration Stock Collection(“Characters, etc.”):
- Continuing sale or use of fan art, LINE Stamps or 3D avatars that have already been created
- Continuing use of V-tubers that have already begun planning and operation
- Continuing production and publication of animations and cartoons that have already begun production
- Sales of merchandise that has already been created
- Continuing using as material in cases where the material is already used on a web service
- NFT Holder shall display the following logo when performing any of the acts specified in each item of Article 4.
- TAKER prohibits NFT Holder from engaging in any of the following acts. If an NFT Holder violates any of the following provisions of this article, we may terminate the license agreement under Article 4 immediately and prospectively by giving notice to the NFT Holder in any manner we choose.
- Violation of any provision of This T&C.
- Infringing the copyright, patent right, utility model right, design right, trademark right or any other intellectual property right (including the right to acquire such rights or to apply for registration of such rights), or any right or benefit including privacy right, portrait right or any other personal right of the Company or any third party.
- To allow a third party (Including individuals and corporations.) who does not own This NFT to use Characters, etc..
- Use of Characters, etc. in a violent or obscene manner, or in any other manner or expression that damages or may damage the reputation or image of Characters.
- Use of the name “BUSON” in committing any of the acts specified in each item of Article 4.
- Use of Characters, etc. in advertising and promotional activities for the business of a third party that does not own This NFT
- Filing an application for registration of a trademark covering the name “CryptoBabyAnimals” or the logo of the preceding Article.
- In the event that a third party files a complaint, files a lawsuit or otherwise disputes with the NFT Holder due to any of the acts specified in each item of Article 4 committed by the NFT Holder, the NFT Holder shall resolve the dispute at its own responsibility and expense.
- The agreement executed under This T&C (“This Agreement”) shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or relating to This Agreement.
- TAKER waives its right to revoke the provisions of This T&C.
- Each of the above provisions shall remain in effect even at the time of resale of this NFT.