TERMS OF SERVICE
These terms of service (“TOS”) are the agreement between you and JUMBEE, LLC (“Artist”) in connection with any Kitty Cones NFT artwork you purchase from Artist (each, an “NFT”) that incorporates artwork by Artist (the “Artwork”). Please read these TOS carefully, because they govern the terms of any purchase by you.
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Upon purchase, you will own the applicable NFT. However, you will receive no intellectual property or other rights (including, without limitation, any rights under copyright or trademark) with your ownership of this NFT. This means that the only rights that you will have are:
a. to own the NFT;
b. to view the Artwork for your personal enjoyment; and
c. to sell or trade the NFT in accordance with these TOS.
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All other rights are expressly reserved to Artist. If you wish to do anything else with the Artwork (including, but not limited to, creating merchandise, making new creative works based on your NFT, or displaying the work online or in a physical location), you must get specific, written permission from the copyright owner (in this case, the Artist).
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If you do anything with the Artwork without permission from the copyright owner (in this case, the Artist), you risk being in violation of Copyright Law. All of the rules and regulations delineated in the Copyright Law apply to the content of your NFT in much the same way as they are applied to tangible, physical works of art. You have no right to modify the Art in any way.
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In addition to being prohibited from making derivative works of art, you are also potentially responsible for the moral rights codified in the Visual Artists Rights Act portion of the Copyright law: §106A. This provision gives Artist the right to:
a. claim authorship of that work, and
b. prevent the use of his or her name as the author of any work of visual art which he or she did not create;
c. prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation;
d. prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and
e. prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
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You acknowledge that there is no guarantee that the value of the NFT will increase after purchase. Artist makes no representations or warranties whatsoever with respect to the NFT and Artwork. You acknowledge that Artist has the right to sell other NFTs and Artwork that may be similar or identical to your purchase.
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Artist will not be responsible for the unavailability of the NFT or Artwork for any reason.
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You may not cancel or return your purchase. Artist will not provide any refunds.
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You acknowledge that you are solely responsible for the NFT after purchase. Artist expressly disclaims all responsibility for any loss, corruption, or lost functionality of the NFT.
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When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens, or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet.
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By purchasing this NFT, you represent that you are not a minor and that you have the right to make this purchase. You will not use the NFT or Artwork for any unlawful purpose.
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These TOS are governed by the law of New York, NY. By purchasing an NFT, you are acknowledging that any dispute would be subject to the exclusive jurisdiction of the federal and state courts of New York, NY (without regard for conflicts of laws principles).
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The Artist may change these TOS at any time at its sole discretion and without providing notice to you.