LAST UPDATED: 1/8/2022
By purchasing or otherwise obtaining a unique, non-fungible token created by MContent, Inc.
(“MContent”) (“NFT”), either through an initial transfer from a licensee of MContent or a subsequent transfer from the prior owner of the Digital Collectible, you agree to these Digital Collectible Terms by and between you and MContent (these “Terms”).
The NFT is a limited-edition digital asset that is specifically associated with one or more works of authorship owned or controlled by MContent or its affiliates.
Although the NFT is sold to its purchaser (Source Materials), the Source Materials are licensed and not sold to such purchaser. The Source Materials are neither stored nor embedded in the NFT, but are accessible through the NFT. MContent hereby grants to the owner of the NFT a non-exclusive license, subject to these Terms, to access, perform, display and develop creative works using the Source Materials, for the owner’s non-commercial purposes.
Except for the license granted above, MContent and its affiliates retain all right, title and interest in and to the Source Materials.
If you are the owner of the NFT, you may transfer the NFT to a third party, but, after you do so, your license to the Artwork will immediately terminate.
MContent, in its sole discretion, may, at a time to be determined by MContent, provide a physical collectible (the “Physical Collectible”) to the then-current holder of the NFT, subject to confirmation of the NFT holder’s identity and mailing address.
THE DIGITAL COLLECTIBLE IS INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. IT IS NOT A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. STATE.
MContent provides the NFT and Physical Collectible, and licenses the Source Materials to the owner of the NFT, on an “AS IS” basis, and expressly disclaims any warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose.
In no event will MContent be liable for any i ndirect, incidental, consequential, or other non-direct damages of any kind. The maximum aggregate liability of MContent for all damages and causes of action, whether in contract, tort (including negligence) or otherwise, shall be $100. The laws of the United States of America and the State of New York govern all matters arising out of or relating
to these Terms without giving effect to any conflict of law principles.