Dark mode

Moonbirds/Oddities NFT-Specific Terms

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:

  • Nesting of a Moonbirds NFT is at your own risk, and we accept no responsibility for smart contract risk.
  • Nesting and unnesting of a Moonbirds NFT happens on proof.xyz (formerly moonbirds.xyz).
  • We reserve the right to unnest your Moonbirds NFT if it is listed for sale or in the event that your Moonbirds NFT, or any interest in your Moonbirds NFT, is transferred.
  • Nesting rewards are unique to each Moonbirds NFT and are not transferable. Rewards will be forfeited upon any transfer.
  • We are not responsible for attacks or transfers that occur when using third party nesting or other staking websites. You are aware that you are using this nesting functionality and the Site fully at your own risk.
  • The nature of digital assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
  • In the event that you lose your nesting rewards, if your nesting rewards are stolen, or if we determine to unnest your Moonbirds NFT or remove you from the nest for any reason, you will have no right to any payment or other consideration for any such nesting rewards.
  • We will only offer rewards for nesting that is initiated and occurs through proof.xyz.
  • proof.xyz will only support nesting rewards earned through proof.xyz and the former nesting site moonbirds.xyz, and we undertake no responsibility to support or honor rewards that may be earned on or through other sites or service providers.
  • Nesting benefits and rewards, both physical and digital may be revoked for any reason at any time. We may be forced to suspend, discontinue, terminate or change aspects of nesting in any jurisdiction, without notice, if demanded by regulatory or applicable law or for whatever other reason. In such a case, your Moonbirds NFT could be frozen for an indefinite period of time until the matter is resolved or we may terminate any such features or eliminate certain rewards.
  • If you intend to sell your Moonbirds NFT, please come back to proof.xyz to unnest it at any time - there is no lockup period. Once unnested, it will be free to sell.
  • This section is not exhaustive and does not disclose all the risks associated with nesting your Moonbirds NFT.