1. Definitions.”Post” means any text, photographs, charts, and drawings that may be associated with an NFT that you Own.
“NFT” means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Purchased NFT” means an NFT that you Own.
“Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
2. Ownership.You acknowledge and agree that Insider, Inc. (or, as applicable, its licensors) owns all legal right, title and interest in and to the Post, and all intellectual property rights therein. The rights that you have in and to the Post are limited to those described in this License. Insider, Inc. reserves all rights in and to the Post not expressly granted to you in this License.
3. License. Subject to your continued compliance with the terms of this License, Insider, Inc. grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Post for your Purchased NFTs 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 NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Post for their Purchased NFTs to ensure that only the actual owner can display the Post; or
(iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Post for their Purchased NFTs to ensure that only the actual owner can display the Post, and provided that the Post is no longer visible once the owner of the Purchased NFT leaves the website/application.
4. Restrictions.You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without Insider, Inc.’s express prior written consent in each case:
(i) modify the Post for your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
(ii) use the Post for your Purchased NFTs to advertise, market, or sell any third party product or service;
(iii) use the Post for your Purchased NFTs 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;
(iv) use the Post for your Purchased NFTs in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use;
(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Post for your Purchased NFTs;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Post for your Purchased NFTs; or
(vii) otherwise utilize the Post for your Purchased NFTs for your or any third party’s commercial benefit. To the extent that Post associated with your Purchased NFTs contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows:
(a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Post, and subject to the license and restrictions contained herein;
(b) that, depending on the nature of the license granted from the owner of the Third Party IP, Insider, Inc. may need to pass through additional restrictions on your ability to use the Post; and
(c) to the extent that Insider, Inc. informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license.
The restrictions in Section 4 will survive the expiration or termination of this License.
5. Terms of License.The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Post for those NFTs.
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