These License Terms (these “Terms”) are a legally binding agreement by and between De Labs, Inc. (“De Labs,” “we” or “us”), a Delaware corporation, and any holder of a De Labs NFT (defined below) (“You” or “Holder”). De Labs and Holder may be referred to throughout these Terms collectively as the “Parties” or individually as a “Party”. These Terms govern the rights and obligations with respect to De Labs NFTs and De Labs Art. By purchasing or otherwise holding a De Labs NFT, you acknowledge that you have carefully read and agree to be bound by these Terms.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DE LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 15 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 14 (GOVERNING LAW AND FORUM CHOICE) OR RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY.
- Definitions. “De Labs NFT” refers to a non-fungible token (NFT) (i.e., a controllable electronic record on a blockchain) that is minted by a smart contract listed at https://delabs.xyz/nfts, or such other smart contract(s) as designated and deployed by De Labs or its affiliates or service providers, from time to time in its sole discretion (each, a “De Labs Smart Contract”). Each De Labs Smart Contract associates the applicable De Labs NFT with metadata attributes and a piece of digital art, which may be a unique image of a fictional character, or any other shape, object or creature (“De Labs Art”). 2. Additional Terms. De Labs NFTs may be available for purchase or transfer (i) on one or more platforms or marketplaces that may be established from time to time (each, an “NFT Marketplace”), or (ii) directly from third-party holders of De Labs NFTs (such transactions, “Direct Sales”). The access and use of any NFT Marketplace is subject to the separate terms of that NFT Marketplace and any Direct Sales are subject to the terms thereof. You covenant not to sue De Labs based on activities that may occur on such NFT Marketplaces (except for any NFT Marketplace that De Labs operates), or in any Direct Sales (except Direct Sales for which De Labs is the seller or purchaser).
- Additional Terms. De Labs NFTs may be available for purchase or transfer (i) on one or more platforms or marketplaces that may be established from time to time (each, an “NFT Marketplace”), or (ii) directly from third-party holders of De Labs NFTs (such transactions, “Direct Sales”). The access and use of any NFT Marketplace is subject to the separate terms of that NFT Marketplace and any Direct Sales are subject to the terms thereof. You covenant not to sue De Labs based on activities that may occur on such NFT Marketplaces (except for any NFT Marketplace that De Labs operates), or in any Direct Sales (except Direct Sales for which De Labs is the seller or purchaser)