Terms

TERMS & CONDITIONS

Dave’s Family is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the Dave’s Family smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Dave’s Family digital collectibles.

Ownership

As a Dave’s Family NFT owner, you have the right to copy, display, remix, and do other creative things with the Dave’s Family character linked to your NFT, with minimal restrictions. Cool! Under this license, you can incorporate your Dave’s Family character into physical objects, write fan fiction, and even form creative DAOs. Let us know if you do! We’d love to hear about what you are building!

The license does not give you ownership of the underlying art, brand, or other intellectual property associated with Dave’s Family. Also, while your license is broad and subject to few limitations, you cannot use your Dave’s Family character(s) for economic activity that generates more than $500,000 in revenue per 12 months. If you want to engage in this sort of activity, we’re all ears, but please contact us about a commercial license. Finally, you are not allowed to do bad sh1t with your NFT — illegal, racist, sexist, or homophobic stuff, for example.

The Dave’s Family NFT License below is a legally binding agreement between you and us, so please review this document carefully before deciding whether to acquire a Dave’s Family NFT.

Dave’s Family NFT License

This Dave’s Family NFT License (the “License”) states the terms and conditions governing each Dave’s Family 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 a Dave’s Family NFT, you agree to be bound by the terms of this License.

  1. Definitions

“Art” means any art, design, drawing, fictional character, illustration, image, vector, video, 3D asset, template asset, or other pictorial or graphic work associated with a specific Dave’s Family NFT.

“Economic Activity” means any activity engaged in to obtain income, regardless of whether or not the activity is aimed at making a profit.

“Dave’s Family NFT” means the NFT created or issued on the daves.familiy 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.

  1. Intellectual Property Ownership
    1. You own a Dave’s Family NFT if your ownership of the Dave’s Family NFT is cryptographically verified on the Ethereum blockchain. As a Dave’s Family 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.
    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.
    3. You do not have a right to use any trademarks or logos owned by us.
  2. Your License
    1. If you own a Dave’s Family NFT, then we grant you a personal, non-sublicensable, non-exclusive, license to use, copy, display, modify, and create derivative works from the Art, subject to the limitation described in Section 3.2 below.
    2. You may exercise your license set forth in Section 3.1 so long as your use of the Art does not result in Economic Activity that generates more than fifty thousand US dollars ($50,000) in revenue or sales over a 12-month span. If you generate more than $50,000 of revenue or sales through such Economic Activity over a 12-month span, then you must enter a commercial license with us to use the Art for this activity.
  3. Transferring Your NFT. You may sell or transfer your Dave’s Family NFT, and upon such sale or transfer, 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 Section 3 above, provided that the new owner’s ownership of the Dave’s Family NFT is cryptographically verifiable on the Ethereum blockchain.
  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, or otherwise objectionable to a reasonable person.