Last updated: June 11, 2024
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 Oddities NFT, these NFT-Specific Terms will control.
Oddities NFT Perks
A Collector of an Oddities NFT (“Oddities NFT”) may receive Perks as determined by Proof in its sole discretion after the 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 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 Oddities NFT.
Oddities NFT Royalties
You acknowledge and agree that Proof is entitled to receive 5.0% of every Secondary Sale of a Oddities NFT (“Oddities Royalty”). Proof has the right to collect 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 Oddities Royalties.
Copyrights in Oddities NFTs
The copyrights in the digital art represented by Oddities NFTs (“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 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 Oddities Art which would be prejudicial to Proof’s honor or reputation; (ii) use the 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 Oddities Art; (iv) attempt to mint, tokenize, or create an additional cryptographic token representing your Oddities NFT or underlying Oddities Art; or (v) falsify, misrepresent, or conceal the authorship of the 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 Oddities NFT or underlying Oddities Art.