Wasshoi-verse NFT Collector Terms

Wasshoi-verse NFT Collector Terms

 

These Collector Terms govern the rights of owners of non-fungible tokens minted on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Artworks”) created by Wasshoi-verse, which NFTs are first made available through the website operated by Wasshoi-verse  (“Ohkurabu Co., Ltd. ”) currently located at https://www.wasshoi-verse.com (the “Site,” as further defined in the Terms of Service). Such owners are referred to in these terms as “Collectors.”

 

If you mint or buy an NFT through the Site, you agree to be bound by these Collector Terms and the Terms of Service, and if you buy or otherwise receive such an NFT from a previous owner, your rights to the NFT and the corresponding Artwork are governed by these Collector Terms and the Terms of Service.

 

When we say, “we,” “us” or “our,” we mean Ohkurabu Co., Ltd. and its affiliates and their employees, officers, directors, shareholders, agents, representatives, licensors (including Artists), suppliers, and service providers.

 

1.NFTs vs. Artworks.

When you mint or purchase an NFT through the Site, the blockchain will associate your public blockchain address with ownership of the NFT and you will be granted a limited license to the related Artwork as outlined in these Collector Terms. However, besides that license, you do not possess any rights to the Artwork, all rights are kept and reserved by us. For clarity, NFTs that are first minted or obtained on the Site are referred to as "Site NFTs," and a Site NFT combined with the license rights in its corresponding Artwork is referred to as a "Digital Item."

 

2.License to Artworks.

Provided you comply with the Collector Terms, you'll receive a limited, personal, non-transferable (excluding the transfer of the Site NFT), non-sub-licensable, and non-assignable license to display and perform the Artwork connected to a Site NFT for personal, non-commercial use, for as long as you own the NFT. The license does not give you any other rights, either expressed or implied, with regards to the Digital Item, which we keep all rights to. This includes rights to any patent, trademark, trade secret, or other proprietary or intellectual property rights, even if exercising these rights would be impeded without the license.

 

3.Restrictions.

 

You are not allowed to make any changes or develop a derivative work based on a Digital Item, or use it for commercial purposes, wholly or partially. Your license does not permit, and you agree not to, nor authorize, allow or assist any third party to:

  • Take advantage of the rights granted in a manner that leads to direct or indirect compensation, financial benefit, or commercial gain of any kind for yourself or any third party.
  • Remove, erase or conceal any trademark, copyright, or other proprietary rights notices on or in a Digital Item.
  • Try to register a trademark, copyright, or otherwise obtain intellectual property rights for or in any Artwork.
  • Use the rights granted to create, support, or promote content, material, or speech that is defamatory, obscene, pornographic, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory, or otherwise deemed inappropriate by us at our sole discretion.
  • Use a Digital Item, wholly or partially, in a way that goes against applicable laws or regulations, or in a manner that violates the rights granted.
  • Use a Digital Item, wholly or partially, in connection with any product, service, business, political campaign, or message, in a manner that suggests our sponsorship, affiliation, or endorsement, or in a manner that may cause confusion, dilute, blur, or harm our rights in the Digital Item. Any good will generated by using a Digital Item will be solely for our benefit.




4.Other Prohibitions.

 

You are prohibited from (a) dividing any Digital Item and selling fractional ownership, (b) detaching any Artwork from its associated Site NFT, and (c) using any Digital Item to create, advertise, promote, or sell any product, including any other NFT.





5.Transferring Digital Items.

 

You can transfer a Site NFT and its accompanying Artwork license to a third party as long as you follow these steps:

  1. Before transferring, provide written notification to the recipient that they must comply with the Collector Terms and that their rights to the Digital Item are subject to these terms. This notification can be included in the sales listing for the Digital Item.
  2. Transfer the NFT through a platform that verifies your ownership and follows best practices for royalty collection and payment.
  3. Make sure the transfer complies with all relevant laws and the platform's terms.
  4. Pay or ensure payment of any applicable royalty as outlined in Section 6.



6.Royalty.

 

You must pay us 5% of the amount paid by the transferee when you transfer any Digital Item, without deductions of any kind. The platform where you make the transfer may collect and pay us the royalty on your behalf. You are responsible for all fees and taxes associated with the transfer, excluding taxes on our net income, and must pay them to an account designated by Ohkurabu Co., Ltd. in ETH or other acceptable cryptocurrency. If you acquire a digital item from a third party who didn't pay the required royalty, you won't receive a license to the corresponding artwork unless you pay us the royalty.




7.Digital Items Are Not Securities.

 

The Site NFTs, Artworks, and Digital Assets are meant for personal use and enjoyment only, and not for profit. We have no responsibility to take any actions or make efforts to increase their value.




8.Collector Perks.

 

We or authorized third parties may, at our discretion, provide additional content, physical items, or other benefits (known as "Collector Perks") to Site NFT owners from time to time. It is your responsibility to stay informed about these perks and take necessary actions to claim them, which may require verifying your ownership of the relevant Site NFT. The terms for Collector Perks will be communicated in a relevant location. Unless specified otherwise, Collector Perks are subject to these Collector Terms as if they were Digital Items. No license rights to physical items are granted unless expressly stated when made available. We or any third parties will not be held responsible or liable for any issues related to Collector Perks.

 

9.Termination.

 

In the event that you violate these Collector Terms, the Terms of Service, or any other rules posted on the Site, your rights to any Digital Items, including the rights to show and perform the related Artworks, will instantly terminate without prior notice. Ohkurabu Co., Ltd. may choose to restore your rights by providing written notice if, in its sole discretion, it determines that you have remedied the violation (if it can be corrected) or chooses to overlook it. Ohkurabu Co., Ltd. may also disable the functionality of affected Digital Items on the Site and other third-party platforms, sites, apps, and services, including by preventing these platforms from retrieving or exhibiting the corresponding Artworks, and take other steps to prevent unauthorized use of Digital Items. These actions will not incur any obligation or liability for us, and you will not attempt to interfere with or obstruct them.



10.Entire Agreement.

 

The Collector Terms, along with the Site's Terms of Service, Privacy Policy, and all other policies posted or referred to on the Site, make up the complete agreement between you and us concerning the topic at hand and replaces any previous written or verbal agreements or understandings between you and us regarding this subject.