Licence to be granted to holders of DJ NFT

  • Definitions

Art” means any artwork (whether or not animated), video, graphics, photographs, music, images, designs, logos, taglines, and drawings that are associated with the NFT in which you acquire Licensed Rights.

  • Licensed Rights
  • Your Rights in a Purchased NFT.

Upon purchase of an NFT from us you are entitled to ownership of the NFT and a single copy of the Art linked to the NFT which together comprise the Purchased NFT.  Such rights, however, do not include any intellectual property rights in the Art or rights beyond those set out in these terms and are conditional upon compliance with the matters set out in these terms, including below.

  • Your Use Rights in the Art.
      1. You acknowledge and agree that the Purchased NFTs is made available solely for your personal use as set out below. 
      2. Without limiting the foregoing and subject to Your continued compliance with all requirements of this Agreement, we, on behalf of the DJ, grant to You, a limited, non-exclusive, non-transferable (except in connection with a Secondary Sale), non-sublicensable (except as provided below), revocable license to publicly display the Art for your Purchased NFT solely for your personal, non-commercial use (Limited Use Rights) conditional upon your ongoing compliance with these terms.
      3. You may sublicense yYour Limited Use Rights:
        1. for the purposes of only conducting a Secondary Sale of your Purchased NFT; and
        2. to virtual galleries and museums, provided that any such sublicense to a virtual gallery or virtual museum is for non-commercial purposes and does not involve any receipt of consideration by You; and
        3. for the purposes of only displaying within a virtual environment, such as a metaverse, for personal and non-commercial use only.
  • Permissible Transfers
      1. You and any future owner of the Purchased NFT have a limited right to transfer the Purchased NFT (Secondary Sale), provided that:
        1. the transferee accepts all of the terms of this Agreement and the then current Djenerates Terms of Use; and 
        2. Djenerates will be paid the amount of any royalty fee as published on Opensea calculated with reference to the gross amounts paid by the transferee relating to the Purchased NFT, including but not limited to any transfer price and any other related compensation; and
        3. such payment due to the Djenerates shall be paid on the same terms and at the same time as You are paid for a Secondary Sale; and
        4. prior to the transfer, You have not breached the terms of this Agreement or the then current Djenerates Terms of Use;
      2. Upon completion of the transfer of the ownership record for the Purchased NFT as recorded on the Ethereum Blockchain, You will no longer have any rights to the Purchased NFT or the Art and the new owner shall be become the “You” in this Agreement.
      3. You acknowledge and agree that any amounts payable as a result of a Secondary Sale do not include, and are not intended to cover, any additional fees imposed or required by the network or platform through which You are transferring a Purchased NFT.
      4. You further represent and warrant that You will not transfer the Purchased NFT in any Secondary Sale to a transferee that is:
        1. located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; or is 
        2. listed on any U.S. Government list of prohibited or restricted parties (Prohibited Transferees).
  • Special Offers

A DJ may offer certain additional rights or privileges to the initial purchaser or subsequent holder of the Purchased NFT but any such rights or privileges are personal as between the Purchased NFT holder and the DJ unless stated otherwise.  Any additional rights or privileges will be detailed in a separate document.

  1. Limitations
    1. Except and solely to the extent such a restriction is impermissible under applicable law, You may not:-
      1. Profit from, otherwise commercialize, use or license the Art, including in connection with the marketing, advertising, or selling of any third party product, except in connection with profits as part of a Secondary Sale;
      2. Modify the Art in any way or combine the Art with, or embed the Art into, any digital or other content or media;
      3. Use the Purchased NFT in any manner which infringes upon the intellectual property rights of any third party (whether a person or an entity);
      4. Use the Purchased NFT in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of the DJ, Djenerates or their affiliates;
      5. Encourage or permit any third party to do any of those things set out above.