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 Mythics NFT, these NFT-Specific Terms will control.
Mythics NFT Perks
A Collector (as defined below) of a Mythics NFT may receive special perks, experience, or opportunities as determined by PROOF in its sole discretion (“Perks”) after the Mythics NFTs are first made available for sale (i.e., dropped) by PROOF. PROOF does not make any representation or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any Mythics 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 any reason, 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 the Mythics NFT.
Mythics NFT Royalties
You acknowledge and agree that PROOF receives 5.0% of every Secondary Sale of a Mythisc NFT (“Mythics Royalty”). PROOF has the right to collect Royalties for PROOF sales in perpetuity. As such, if you sell a Mythics NFT 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 Mythics 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 Mythics Royalties.
Mythics NFT-Specific License Terms
Personal Use. Subject to your continued compliance with these Terms, PROOF grants you a worldwide, royalty-free license to use, copy, and display the digital art represented by your Mythics NFT (“Mythics Art”), along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Mythics NFT, provided that the marketplace cryptographically verifies each Mythics NFT owner’s rights to display the Mythics Art for their Mythics NFT to ensure that only the actual owner can display the Mythics Art; or Mythics (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Mythics NFT, provided that the website/application cryptographically verifies each Mythics NFT owner’s rights to display the Mythics Art for their Mythics NFT to ensure that only the actual owner can display the Mythics Art, and provided that the Mythics Art is no longer visible once the owner of the Mythics NFT leaves the website/application.
Commercial Use. Subject to your continued compliance with these Terms, PROOF grants you a worldwide license to use, copy, and display the Mythics Art represented by your Mythics NFT for the purpose of creating derivative works based upon the Mythics Art (“Commercial Use”). Examples of such Commercial Use would be the use of the Mythics Art to produce and sell merchandise products (e.g., T-Shirts etc.) displaying copies of the Mythics Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Mythics NFT generally, provided that the marketplace cryptographically verifies each Mythics NFT owner’s rights to display the Mythics Art for their Mythics NFT to ensure that only the actual owner can display the Mythics Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Mythics NFT generally, provided that the third party website or application cryptographically verifies each Mythics NFT owner’s rights to display the Mythics Art for their Mythics NFT to ensure that only the actual owner can display the Mythics Art, and provided that the Art is no longer visible once the owner of the Mythics NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.
Art Restrictions; Release
As a Collector of a Mythics 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 Mythics Art which would be prejudicial to Proof’s honor or reputation; (ii) use the Mythics 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 Mythics Art; (iv) attempt to mint, tokenize, or create an additional cryptographic token representing your Mythics NFT or underlying Mythics Art; or (v) falsify, misrepresent, or conceal the authorship of the Mythics 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 Mythics NFT or underlying Mythics Art.