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”).
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 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.
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:
3) User Account Suspension
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”).
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.
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.
8) Inherent Risks of NFTs
You must take your own risk in accessing or using 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.
LGND.art does not own or control these third party websites or application.
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.
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
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.
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.
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
THE PLATFORM AND THE SITES ARE OPERATED BY LGND.ART ON SERVERS LOCATED WITHIN THE STATE OF TEXAS.
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:
15) Survival after Termination
Your access and use of the Sites, the Platform and/or the Services will be managed through your User Account.
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.
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:
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 firstname.lastname@example.org.
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
18) Specific Performance
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.
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
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 email@example.com 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 firstname.lastname@example.org.
Copyright 2023 LGND Music. All rights reserved.
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