By purchasing or otherwise obtaining a unique, non-fungible token (“NFT”) created by LAMO or one of its third-party providers (“LAMO Provider(s)”) (“NFT”), either through an initial transfer from a licensee of LAMO Providers or a subsequent transfer from the prior owner of the Digital Collectible, you agree to these Digital Collectible Terms by and between you and LAMO as well as any applicable terms posted, clicked to agree, or otherwise provided or presented to you by the applicable LAMO Provider(s) (collectively, the “Terms”)
The NFT is a limited-edition digital asset that is specifically associated with one or more works of authorship owned or controlled by the LAMO Provider or its affiliates (the “Source Materials”). Although the NFT is sold to its purchaser, the Source Materials are licensed and not sold to such purchaser
The Source Materials are neither stored nor embedded in the NFT, but is accessible through the NFT. The LAMO Provider hereby grants to the owner of the NFT a non-exclusive license, subject to the Terms, to access, perform, display and develop creating works using the Source Materials using the NFT, for the owner’s non-commercial purposes. Except for the license granted above, the LAMO Provider and its affiliates retain all right, title and interest in and to the Source Materials. If you are the owner of the NFT, you may transfer the NFT to a third party, but, after you do so, your license to the NFT and associated artwork (including any rights to access copies of the Source Materials) will immediately terminate.
LAMO and/or the other applicable LAMO Provider, in its sole discretion, may, at a time to be determined by them, provide a physical collectible (the “Physical Collectible”) to the then-current holder of the NFT, subject to confirmation of the NFT holder’s identity and mailing address.
THE DIGITAL COLLECTIBLE IS INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. IT IS NOT A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. STATE. The LAMO Party provides the NFT and, if applicable, the Physical Collectible, and licenses the Source Materials to the owner of the NFT, on an “AS IS” basis, and expressly disclaims any warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. In no event will the LAMO Party be liable for any indirect, incidental, consequential, or other non-direct damages of any kind. The maximum aggregate liability of LAMO and/or any other LAMO Provider for all damages and causes of action, whether in contract, tort (including negligence) or otherwise, shall be $100. The laws of the United States of America and the State of New York govern all matters arising out of or relating to these Terms without giving effect to any conflict of law principles.