The LGND Music Project is made available to you and others by LGND.art on its online software platform for buy, sell, and display art non-fungible tokens (NFTs) (the “Platform”).

These Terms of Use govern your participation in the LGND Music Project and your access to and use of the Platform and LGND.art’s websites and subdomains, marketplace, mobile applications and social media accounts, including any content, functionality, and services offered on www.lgnd.art (the “Sites”).

You have binding rights and responsibilities when you use the Platform and the Sites, so please read these Terms of Use carefully.

1) Getting Started

You may submit digital audio/visual works for minting into NFTs in the LGND Music Project (a “Submission”) on the Platform.

You also may buy, sell, or display NFTs or create a collection of NFTs in the Platform marketplace (the “Services”).

You may browse the Sites for free but a User Account is required for making a Submission and the Services.

By clicking on the “I Accept” button, you will complete the account registration process and confirm that you agree to follow these Terms of Use and any special terms for artists making Submissions to the LGND Music Project.

By agreeing to these terms, you confirm that you are at least 18 years of age. If you are younger, then your parents must give Lgnd.art permission first before you can use the Services or submit a Submission.

If you do not agree to these Terms of Use, you must not access or use the Platform, the Sites or the Services or make a Submission to the LGND Music Project.

LGND.art reserves the right to change or modify these Terms of Use at any time and in our sole discretion.

When you log into your account, accessing or using the Sites following any change to these Terms of Use, you agree to follow the revised Terms of Use.

We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the Sites.

LGND.art reserves the right to apply special terms to any particular feature of the Platform or the Services and any such special terms also are part of these Terms of Use.

2) Your LGND.art User Account

Your user account is how you enter a Submission or set up a wallet to purchase NFTs and registering for auctions or spaces in the marketplace (each an “User Account”).

You may be able to purchase certain NFTs made prior to a setting up a wallet in an User Account. Those NFTs will be minted by LGND.art into an account in consignment on your behalf until you set up an User Account.

When you create an User Account, we will ask you for some personal information about yourself.

We may require you, in our sole discretion, to provide additional information and/or documents.

If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services or authenticate your User Account.

LGND.art reserves the right to decline to activate an User Account for any person for any reason.

These conditions apply to your User Account:

• Access: Access to your User Account is limited solely to you. You will not sell, rent, lease, or grant access to your User Account to any person without our prior written permission.
• Storage Limits: LGND.art may limit the storage space set aside for your User Account and NFTs stored in your User Account.
• Security:
  • You must monitor the security of your User account and keep in secret and control over any user names, passwords, or any other codes that you use to access the Services or the Platform.
  • Any unauthorized access to your User Account by others could result in the loss or theft of NFTs and/or funds held in your User Account and any associated accounts, including your linked cryptocurrency wallet(s), bank account(s) and credit card(s).
  • LGND.art is not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account.
  • If you notice any unauthorized or suspicious activity in your User Account, please notify us immediately.
• Trading Fees:
  • In order to buy or sell a NFT on the Platform, you must pay the purchase price and related fees (as shown on your confirmation screen and email for each purchase).
  • You authorize LGND.art to automatically deduct its fees directly from your payment.
  • You will always be provided with a breakdown of fees prior to and after your purchase or sale of a NFT.
• Full Payment:
  • Make sure that you have enough funds in your User Account before you purchase an NFT.
  • You must pay the full purchase price and all fees due to LGND.art for each NFT purchase made in your User Account.
  • LGND.ART’s fees will be included in the cost of the NFT digital asset at the time of posting or purchase.
  • These fees will be identified in the confirmation of purchase for each transaction, which can be found in your User Account or the confirmation email sent by LGND.art.
• Taxes:
  • You must pay any taxes due on the purchase of the NFT.
• Secondary Sales:
  • LGND.art and/or each contributing artist of a particular NFT may designate that all secondary sales of such NFT are subject to additional payment of special fees.
  • These particular NFTS track the secondary sale transaction through a smart contract embedded or associated with the digital asset for the NFT.
  • You authorize LGND.art to collect special fees due under the smart contract from proceeds received for the secondary sale.
• NO REFUNDS::
  • ALL SALES OF NFTS ARE FINAL UPON RECEIPT OF PURCHASE ORDER, AND YOU ARE BEAR ALL RISKS ASSOCIATED WITH THE INCREASE OR DECREASE IN VALUE OF PURCHASED NFTS, WHETHER YOU HAVE PURCHASED AT AUCTION, DURING A SHOW OR IN THE MARKETPLACE.
  • LGND.ART, IN ITS SOLE DISCRETION, MAY CREDIT A REFUND ON A PURCHASED NFT ONCE SALE IS CONFIRMED SUBJECT TO A HANDLING FEE, AND ANY SUCH DECISION SHALL BE MADE BY LGND.ART ON A CASE BY CASE BASIS ONLY AFTER YOUR SHOWING OF GOOD CAUSE.
• Communication:
  • LGND.art will talk with you through email, texts or messages based on the email address and telephone number that you list in your User Account.
  • You must let us know promptly if you change your email address and telephone number.
  • Any notices or other communications delivered to your email address on record is considered valid.
• Auction and Marketplace:
  • You may set the prices for any posting or registration to resell your purchased NFTs on the Platform.
  • You also may donate your purchased NFTs to another Transferee with a User Account on the Platform.
  • Sales and donations can be made using the auction or marketplace features of the Platform.
  • While LGND.art may facilitate such exchange on the Platform, you control the content and NFTs posted for resell and the prices (including rolling price increases over set time) to list for sale your purchased NFTS on the Platform.
  • Non-timely payment for auctions may be charged to your User Account or released back to the artist, and may be sold or placed back in an auction, at the discretion of the artist.
• Shares on Social Media:
  • You may share content and postings of NFTs for sale on your own social media accounts, and you alone (not LGND.art) are responsible for any actions of sharing on social media taken by you using the Platform.
• Limited Editions:
  • If any NFT is minted with a fixed number of pieces or packs as a limited edition, we will try to not mint additional copies in the future.
  • But we reserve the right to mint and offer for sale in the Platform marketplace any unpurchased NFTs remaining after the end of a show.
  • We may adjust at will the NFT edition count of a particular digital asset during or after the initial drop or the artist’s show.

3) User Account Suspension

LGND.art has the right to immediately suspend your User Account, pause or cancel your access to the Services or the Platform, or close your User Account if we suspect, in our sole discretion, that (1) your User Account is being used for money laundering, investment speculating or any illegal activity; (2) you hid your age or identity or give false information in your User Account; or (3) you do not follow the rights and conditions listed in these Terms of Use.

LGND.art reserves the right to establish general practices and limits concerning user accounts at any time (and may modify such practices and limits at its sole discretion).

4) Marketing Emails

LGND.art may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information that we think will be of interest to you.

You may opt out of promotional communications at any time by following the instructions provided in the email.

5) Submissions and User Content Ownership

The Platform allows users to link to other websites and social media accounts, and offer for sale and display NFTs that they own and to make Submissions of your own original digital audio-visual works (“User Content”).

All User Content must comply with these Terms of Use.

Any User Content and other information you post to the Sites will be considered non-confidential and non-proprietary.

By providing any User Content on the Sites, you grant LGND.art and our affiliates and our respective licensees, successors, and assigns the non-exclusive, worldwide, irrevocable, royalty-free right (with the right to sublicense to others) to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, hyperlink, mint to NFTs and otherwise disclose to third parties the Submissions and any such information, content and material for any purpose in any and all media whether now known or hereafter created.

You represent that the Submissions are original works owned by you.

You will not use other’s artwork, videos, music, photos, content or their name or image without express permission or license first in any Submission.

You represent that you own and control all rights in and to the Submissions and your User Content and have the right to grant these licenses.

We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Sites.

We reserve the right, in our sole discretion, to prohibit you from uploading your User Content.

Although we are not required to monitor any User Content, we may, in our sole discretion, remove User Content at any time and for any reason without notice.

LGND.art may monitor User Content to detect and prevent fraudulent activity or violation of these Terms of Use.

6) Ownership of the Platform and the Sites

The Platform and the Sites and all content, information and materials (other than your User Content) found on the Platform and the Sites (“LGND.art Content”) are owned by LGND.art or our affiliates, licensors, or users, as applicable.

LGND.art Content includes all designs, text, graphics, pictures, information, data, software, sound files, other files, trademarks and the look and feel and the selection, organization and arrangement and all related intellectual property rights.

You may not be publicly post the LGND.art Content without our prior written permission.

You may not make and give others copies of the LGND.art Content without our prior written permission. You may not use any LGND.art Content without our express written permission.

You have no ownership or other property interest in the LGND.art Content.

Any permitted use of the LGND.art Content inures to the benefit of LGND.art.

When you purchase an NFT, you get ownership of that digital file only.

You will have the right to view, store, exchange, sell and display the NFT publicly on the Platform.

You don’t have the right to use, copy or give to others the brand, design, music, video, art or other media shown in your NFTs. Only the contributing artist and LGND.art can do this.

You will not challenge or contest LGND.art’s rights in and to the LGND.art Content.

7) Bad Behavior

Your actions on the Platforms and Sites have legal consequences.

You can’t do something that poses a threat to the Sites, the Platform or LGND.art and its businesses, for example by distributing a virus or other harmful code, or through unauthorized access to the Sites or other users’ User Accounts.

You can’t interfere with other users’ access to or use of the Sites and the Platform, including any LGND.art Content made available to you.

You can’t talk to other users to bully them or try to sell them things (other than your purchased NFTs) or interfere with their transfers of NFTs in the marketplace. If you have a problem with another user, contact LGND.art first.

You can’t strip out data and information collected from the Sites or the Platform to contact others outside the Sites.

You can’t use the Platform to short sell or speculate on the value or purchase price (increases or decreases) of the NFTs. If you are unsure whether your proposed use would violate these Terms of Use, please contact us by email.

8) Inherent Risks of NFTs

You must take your own risk in accessing or using the Platform or the Sites:

• The price and value of blockchain assets, including NFTs, may change up or down at any time.
• Those price changes may result in lower value for the NFTs after your purchase.
• The laws that apply to your use, transfer, exchange, and value of NFTs may change after purchase and those changes may negatively affect your rights.
• NFTs are not legal tender (like money) and are not backed by the government.
• Your purchase of NFTs may be not be refunded after purchase and you may not recover any money or cryptocurrency that you lose if someone tricks you or you make a mistaken when you buy an NFT.
• Your purchase of NFTs is made when it is recorded on a public ledger. The date and time that you make the purchase may not be the same date or time recorded in that public ledger.
• The value of NFTs depends on whether others want to buy in a secondary sale in your purchased NFT. You may experience a permanent and total loss of value of a particular NFT if no one wants to buy your purchased NFT in the future.
• The nature of NFTs may lead to other bad actors trying to hack your User Account or trick you into selling your purchased NFTs.
• You may experience technological difficulties in accessing or using your purchased NFTs on the Platform or the Sites.

You are solely responsible for deciding whether to take these risks when accessing or using the Platforms or Sites.

LGND.art does not give advice or recommendations regarding NFTs available for purchase.

This brief statement does not disclose all of the risks associated with NFTs and other digital assets.

9) Third Parties Site

LGND.art may rely on third-party platforms, including but not limited to Stripe and NetSuite, to perform NFT sales.

The Sites may contain links to these third-party websites or applications, but when you leave our Sites, these Terms of Use do not govern your rights and responsibilities.

LGND.art does not own or control these third party websites or application.

You should review any terms of use or notices provided by such third party website before you proceed. We may, but are not obligated to, warn you that you are leaving the Sites.

10) Disclaimers

THE PLATFORM, THE SITES, AND THE LGND.ART CONTENT AND ALL NFTS LISTED FOR SALE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LGND.ART WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITES.

LGND.ART DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WE CANNOT GUARANTEE THE SECURITY OF ANY DATA OR INFORMATION THAT YOU DISCLOSE ONLINE.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR OTHERS FOR ANY LOSS RELATED TO ANY NFT PURCHASED ON THE PLATFORM OR THE SITES.

NFTS ARE INTANGIBLE DIGITAL ASSETS.

THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE PLATFORM.

ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE PLATFORM.

WE DO NOT GUARANTEE THAT LGND.ART OR ANY LGND.ART PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.

LGND.art is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs.

LGND.art is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

Nothing in these Terms of Use shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

TO THE FULLEST EXTENT PROVIDED BY LAW, LGND.ART DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PLATFORM, THE SITES, THE LGND.ART CONTENT AND ANY NFTS PURCHASED; PROVIDED, HOWEVER, THAT THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LGND.ART BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF USE, THE PLATFORM, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF LGND.ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCESS TO, AND USE OF, THE SITES, THE PLATFORM, ANY LGND.ART CONTENT OR THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING FROM YOUR ACCESS AND USE.

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LGND.ART ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE ACCESS TO AND USE OF THE PLATFORM, THE SITES, ANY LGND.ART CONTENT, NFTS, THE THIRD PARTY SITES OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO LGND.ART FOR THE SERVICES IN THE LAST SIX MONTHS FROM THE TRANSACTION OUT OF WHICH LIABILITY AROSE.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF LGND.ART FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF LGND.ART’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF LGND.ART’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

12) Indemnification

If you do not follow the conditions set out these Terms of Use, you will be responsible to indemnify LGND.art for any losses or damages resulting from your actions (including court costs and attorney’s fees).

You also will be responsible to indemnify LGND.art for any claims of infringement or violation of others’ intellectual property rights or personal rights with respect to your Submissions.

13) Governing Law

These Terms of Use are made under by the laws of the State of Texas, as if these Terms of Use are a contract wholly entered into and wholly performed within the State of Texas. Even if you live in another state or another country, the laws of the State of Texas still apply.

THE PLATFORM AND THE SITES ARE OPERATED BY LGND.ART ON SERVERS LOCATED WITHIN THE STATE OF TEXAS.

14) Disputes

By agreeing to these Terms of Use, you will resolve all disputes through binding individual arbitration.

You waive any right to have the dispute decided by a judge or jury.

You also waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

This clause requires you to arbitrate disputes with LGND.art and limits the manner in which you can seek relief from us:

• Any dispute or claim relating your access or use of the Platform, the Sites and the LGND.art Content, your purchase of NFTs, your Submissions and any products or service sold or distributed through the Sites, or any aspect of your relationship with LGND.art will be resolved by binding arbitration.
• The only exceptions to arbitration are that you may assert claims in small claims court if your claims qualify and you or LGND.art may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks or copyright).
• The arbitration will held in Austin, Texas, administered by JAMS and conducted in English, rather than in court.
• The arbitration will be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.
• The arbitrator will have exclusive authority to resolve any dispute related to these Terms of Use.
• The arbitrator will have exclusive authority to resolve any dispute related to your Submissions and your purchase and/or sale of NFTs.
• The arbitrator will have exclusive authority to decide the rights and liabilities, if any, of you and LGND.art.
• The arbitrator shall have exclusive authority to grant motions dispositive of all or part of any claim and to award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use.
• The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
• The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us.

15) Survival after Termination

All obligations (including ownership, confidentiality, disclaimers and limitations of liability, governing law and arbitration) that are by the nature intended to survive the expiration or termination of these Terms of Use shall survive. You and LGND.art will continue to be bound by these obligations.

16) Electronic Signature Consent to These Terms of Use

Your access and use of the Sites, the Platform and/or the Services will be managed through your User Account.

LGND.art relies on an electronic signature process as official authorization for your agreement as well as any changes to these Terms of Use or any transactions conducted using the Platform on the Sites or the Services.

By accessing the Sites or the Platform and, where prompted clicking “I Agree” or “Click to Consent” or by submitting any order for other Services, you agree to conduct each transaction by electronic means.

LGND.art and you agree that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms of Use.

You may revoke approval of this electronic signature process at any time with prior written notice to LGND.art from your User Account.

However such revocation will result in LGND.art suspension or termination of the Services and/or your access and use of the Sites or the Platform absent your acknowledgment of agreement or consent by other valid legal means.

Your access and use of electronic records on the Platform and consent by electronic signature may require the following hardware and software at your own expense:

• Hardware and software minimum requirements to access and store the electronic records:
  • Hardware: Hard drive
  • Devices: iOS, Android, Windows
• Operating System:
  • Browsers: Internet Explorer 8, 9, 10 or 11; Chrome; Safari (Mac OS)
  • Software: Adobe Acrobat or similar software to view PDF files

We can deliver electronic records (and/or paper copies) to you by displaying or delivering by email or making the records available on your User Account.

We also can deliver electronic records (and/or paper copies) to you by requesting that you print or download the electronic record and retain it for your records at the time of execution.

We also can deliver electronic records (and/or paper copies) to you in response to your written request for a copy of the electronic records sent to us at the contact address set forth under “Contact Information” to the attention of LGND.ART, Inc., Attn: Customer Service, 12600 Hill Country Blvd, Suite R-275, Bee Caves, Texas 78738.

You may or may not incur additional fees for receiving paper copies of documents related to transactions on the Platform or the Sites.

You can view and change your contact information by accessing and updating this information in your online account or by sending a written request to support@lgnd.art.

You can revoke your consent to the use of electronic signatures by accessing and updating the consent from your User Account or by sending a written request to revoke consent to us at our contact address set forth under “Contact Information” to the attention of LGND.ART, Inc., Attn: Customer Service, 12600 Hill Country Blvd, Suite R-275, Bee Caves, Texas 78738.

Your revocation of such consent will not terminate your User Account.

You may or may not incur additional charges by opting out of electronic consent – please refer to our fee schedule for current fees related to transactions on the Platform or the Sites.

17) Officers or Employees Setting Up User Accounts for Company or Business

If you are an officer or employee setting up an User Account(s) for use by your company or business, then you are confirming your acknowledgement and agreement binding on you and your company or business as User to the terms and conditions set forth in these Terms of Use, and LGND.art reserves the right to request a hard copy signature, as required by law. You represent to LGND.art that you are the officer or authorized representative of the company being named as the User on a User Account, and that you have legal authority to entered into these Terms of Use with LGND.art on behalf of such company and to permit the access and use of the Sites, the Platform and Services and the permitted uses and rights in and to the personal information and user content pertaining to such company by LGND.art and its service providers. You further agree to allow LGND.art to make disclosures and share your User content and information with others authorized by you under your User Account or the Platform (including those persons selected from or submitted to our Platform features). In this instance, the term “You” shall mean both the officer or employee and the company or business identified in your User Account.

18) Specific Performance

If you don’t follow your obligations under these Terms of Use, your actions may cause irreparable injury to LGND.art for which no adequate remedy at law will be available. LGND.art will be entitled, in addition to such other remedies as it may have hereunder, to a temporary restraining order and preliminary injunctive relief for any breach or threatened breach of these Terms of Use without first posting bond or proving actual damages.

19) Consumer Review Fairness Act

The Consumer Review Fairness Act gives you certain protection against “gag” clauses prohibiting you from giving your opinion (good or bad) about an online service.

Nothing in these Terms of Use is intended to shall be constructed to limit your ability to or impose a penalty on you giving your honest opinion about LGND.art and its Services.

However, if you tell a lie or make a statement that is factually untrue in a post or Submission to the Platform, then LGND.art may take down.

20) Notice of Claims of Intellectual Property Violations

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that another users’ Submissions, an NFT or any materials posted on the Platform and/or the Sites infringe your copyright, you (or your agent) may send LGND.art a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites or the Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LGND.art to locate the material on the Sites or the Platform; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Notices and counter-notices with respect to the Sites or the Platform should be sent to LGND.ART, Inc., Attn: Customer Service, 12600 Hill Country Blvd, Suite R-275, Bee Caves, Texas 78738.

We suggest that you consult your legal advisor before filing a notice or counter-notice.

Also, be aware that there can be penalties for false claims under the DMCA.

Please provide all of the information requested above.

No specific form is required to provide LGND.art with notifications of possible infringement.

However, it will take LGND.art longer to process your notice if the proper information is not provided, and in some cases, we may not be able to process your notice.

21) Miscellaneous Terms

Failure by us to enforce any particular term of these Terms of Use shall not be construed as a waiver of any of our rights hereunder.

Your use of the Platform, the Sites and the Services is personal and you may not assign or transfer any of your rights and obligations under these Terms of Use without our prior written authorization.

We may subcontract, assign, transfer or convey our rights and obligations under these Terms of Use by contract, merger, reorganization or operation of law to a third party without your prior notice or consent.

22) Contact Information

If you have any questions, would like to provide feedback, or would like more information about LGND.art, please feel free to email us at support@lgnd.art or write us at LGND, 12600 Hill Country Blvd, Suite R-275, Bee Caves, Texas 78738 to the attention of Customer Service If you would like to lodge a complaint, please contact us at support@lgnd.art.