Last updated: August 7, 2023
The following NFT-Specific Terms form part of and are incorporated by reference into the Terms, available at https://www.proof.xyz/terms. In the event these NFT-Specific Terms are inconsistent with other provisions in the Terms as they relate to the Moonbirds/Oddities NFT, these NFT-Specific Terms will control.
Moonbirds/Oddities NFT Perks
A Collector of a Moonbirds NFT or Oddities NFT (“Moonbirds/Oddities NFT”) may receive Perks as determined by Proof in its sole discretion after the Moonbirds/Oddities NFTs are first made available for sale (i.e., dropped) by Proof. Proof does not make any representation, warranty or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any Moonbirds/Oddities NFT. Proof reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, for failure to comply with these Terms, at any time. Perks are not intended to be an endorsement of any project, creator, NFT, individual or any other thing, and Proof makes no recommendation and provides no investment advice in connection with any Perks or otherwise as a result of holding or owning a Moonbirds/Oddities NFT.
Moonbirds/Oddities NFT Royalties
You acknowledge and agree that Proof is entitled to receive 5.0% of every Secondary Sale of a Moonbirds/Oddities NFT (“Moonbirds/Oddities Royalty”). Proof has the right to collect Moonbirds/Oddities Royalties in perpetuity. As such, if you sell a Moonbirds NFT, including on a third-party marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: “5.0% Royalty Applies. By purchasing a Moonbirds NFT, you agree to the Terms of Use located at https://www.proof.xyz/terms.” If you sell an Oddities NFT, including on a third-party marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: “5.0% Royalty Applies. By purchasing an Oddities NFT, you agree to the Terms of Use located at https://www.proof.xyz/terms.” You agree not to seek to circumvent or avoid those Moonbirds/Oddities Royalties.
Copyrights in Moonbirds/Oddities NFTs
The copyrights in the digital art represented by Moonbirds/Oddities NFTs (“Moonbirds/Oddities Art”) have been waived via Creative Commons Zero (CC0) designation, subject to the other terms and conditions of these Terms (including the art restrictions below).
Art Restrictions; Release
As a Collector of a Moonbirds/Oddities NFT, you agree that you will not, and will not permit any third party to, do or attempt to do any of the foregoing without Proof’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Moonbirds/Oddities Art which would be prejudicial to Proof’s honor or reputation; (ii) use the Moonbirds/Oddities Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iii) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Moonbirds/Oddities Art; (iv) attempt to mint, tokenize, or create an additional cryptographic token representing your Moonbirds/Oddities NFT or underlying Moonbirds/Oddities Art; or (v) falsify, misrepresent, or conceal the authorship of the Moonbirds/Oddities Art.
You irrevocably release, acquit and forever discharge Proof and its affiliates and its and their Representatives of any liability for direct or indirect copyright or trademark infringement for their use of any Moonbirds/Oddities NFT or underlying Moonbirds/Oddities Art.
Nesting of Moonbirds NFTs
Nesting of your Moonbirds NFT is at your election and, without limiting anything else in these Terms, is subject to the following: