Doctor1919 NFT - Terms and Conditions
These terms and conditions (“Terms”) are entered into between you and Cisneros Media Distribution LLC. (“Company,” “we,” or “us”) and apply to your purchase, sale, and display of the Doctor1919 non-fungible tokens (“NFTs”) purchased on these websites: doctor1919.art / mint.docto1919.art (“Site”). These Terms also govern your use of this Site and all content, functionality and services offered on the Site.
You agree and understand that we may modify part or all of this Site without notice, and that we may update these Terms at any time.
These Terms, including the limited non-commercial license described below, are a legally binding agreement between you and us. Please review these Terms carefully before deciding whether to purchase a Doctor1919 NFT.
Ownership of Doctor1919 NFT
When you purchase an NFT on this Site and proof of such purchase is recorded on the Ethereum blockchain, you become the owner of the purchased NFT. As an NFT owner, you own the non-fungible token – i.e., the digital token recorded on the blockchain – but you do not own the “Art” or other intellectual property associated with the token. “Art” means any art, design, drawing, character, illustration, image, video, 3D asset or other graphic work associated with the NFT.
You acknowledge and agree that all legal right, title and interested (including copyright) in and to all the elements of the Art are the intellectual property of the Company. You further acknowledge and agree that the Company may sell, license, display and create derivative works based on the Art.
Limited, Non-Commercial License
If you own a Doctor1919 NFT, then we grant you a limited, non-commercial, non-sublicensable, non-exclusive license to use, store and display the NFT in any tangible medium. This license does not give the owner of a Doctor1919 NFT the right to publicly display, perform, distribute, modify, reproduce, sell or otherwise exploit the NFT or the Art associated with the NFT for any commercial purpose. Any commercial or non-personal use of the NFT or its Art could subject you to claims of copyright infringement.
This limited license shall be assigned automatically from you to a subsequent purchaser of the NFT(s), provided that the purchaser’s ownership of the NFT is verifiable on the Ethereum blockchain. No other license assignments shall be permitted.
This limited license does not confer any rights to use the Company’s trademarks or other intellectual property.
Secondary Market Sales
You acknowledge that, in the event you elect to resell your NFT, the creators of the Art associated with the NFT, the Archdiocese of Caracas, and the Company may receive a percentage of secondary market sales.
These Terms shall be binding upon any subsequent purchaser of a Doctor1919 NFT.
Linking Your Cryptocurrency Wallet
When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet.
Ownership of Site Content
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of the Company or our affiliates, partners, licensors, or users, as applicable. The Cisneros Media Distribution LLC. logo and any Cisneros Media Distribution LLC. product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Cisneros Media Distribution LLC. or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any Site Content or link to the Site without our prior written permission. The look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Cisneros Media Distribution LLC. and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Taxes
Company is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this Site. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Site are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility.
Assumption of Risks
You acknowledge and agree to assume the following risks:
The DoctorNFTs are stored on and accessible through the Ethereum blockchain. As such, the Company does not maintain custody of the NFTs and, aside from transferring control of the Doctor1919 NFT to the initial purchaser of the Doctor1919 NFT, the Company has no control over the transfer, storage, ownership or maintenance of the NFT.
The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. Doctor1919 NFTs are not legal tender and are not backed by any government.
The Company makes no assurances about its NFTs with respect to present value, future value, transferability, or marketability. You acknowledge that Doctor1919 NFT's are not securities and their value may go to zero.
Disclaimers
THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL NFTS LISTED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE NFTS OR ITS SMART CONTRACTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE NFTS OR SMART CONTRACTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA. ACCESS TO, AND USE OF, THE SITE, OUR NFTS, SMART CONTRACTS OR OTHER PRODUCTS OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
Arbitration; Waiver of Jury Trial
Any disputes arising out of or related to your purchase of an NFT from the Company shall be submitted to binding arbitration in Miami-Dade County, Florida before a single arbitrator of the American Arbitration Association (“AAA”). The AAA Consumer Rules shall govern the proceeding. The arbitrator shall be a licensed attorney selected by application of the Consumer Rules of the AAA, or by mutual agreement of the parties. The arbitrator’s award shall be final and binding upon the parties.
BY PURCHASING A DOCTOR1919 NFT, YOU SPECIFICALLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND REQUEST A TRIAL BY JURY.
Governing Law; Jurisdiction; Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard for conflict-of-law principles that would result in the application of the law of a jurisdiction other than the State of Florida. To the extent these Terms permit any proceeding in court, such as to enforce an arbitration, any such proceeding shall be brought in the state or federal courts located in Miami-Dade County, Florida, and the parties hereby irrevocably consent to the jurisdiction of such courts.
