These World of Football NFT Terms of Service constitute a legally binding agreement (this “Agreement“) between you and DOXXED Media, LLC. (“DOXXED,” “we,” “us,” or “our“) and governs your participation in any World of Football NFT mint/purchase use of any World of Football NFT, and your display of any World of Football NFT Art.
By participating in any World of Football NFT mint and/or secondary purchasing any World of Football NFT, or displaying any World of Football NFT Art on our Services, you expressly acknowledge that you understand this Agreement and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT PARTICIPATE IN ANY WORLD OF FOOTBALL NFT MINT/PURCHASE ANY WORLD OF FOOTBALL NFT, OR DISPLAY ANY WORLD OF FOOTBALL NFT ART THROUGH OUR SERVICES.
“World of Football NFT Art” means any art, graphics, images, videos, designs, logos, taglines, drawings, and all other audiovisual materials, sound, music and text (including, without limitation, fonts) that may be associated with your World of Football NFT, including any images, depictions, renderings or representations of World of Football NFT and Doxxed Media.
“World of Football NFT” means any non-fungible token on the Ethereum blockchain that you either successfully and rightfully minted through our website or our legitimate secondary sale parter Opensea, where proof of your acquisition is recorded through and can be traced via smart contracts on the Ethereum blockchain to the original holder.
“Intellectual Property Rights” means any works of authorship, copyrights, moral rights, trademarks, service marks, trade names, goodwill, trade secrets, know-how, patents, designs, algorithms and other industrial property and proprietary rights and any and all rights in or associated with any of the foregoing (including rights in any registrations, applications, renewals, extensions, continuations, divisions or reissues), recognized in any country or jurisdiction in the world.
2. The Secondary:
If you bid on or purchase a World of Football NFT in a World of Football NFT secondary sale through our official Opensea page, you agree not only to be bound by the terms of this Agreement but by any and all terms of service applicable to the OpenSea platform (d/b/a OpenSea) (“OpenSea“). DOXXED Media is not affiliated with OpenSea nor any other third-party site, product, or service you might access, visit, or use for the purpose of enabling you to participate in a World of Football NFT secondary sale. We are also not liable for any acts or omissions of OpenSea or any other third party, or for any damages you may suffer as a result of your transactions or any other interaction with them.
You acknowledge and agree that, as between you and DOXXED Media, DOXXED Media owns all legal right, title, and interest in and to any and all World of Football NFT Art (including all Intellectual Property Rights therein) (collectively, the “DOXXED Media Materials“). You acknowledge that the DOXXED Media Materials are protected by applicable laws including applicable copyright and trademark laws. The rights that you have in and to the World of Football NFT and World of Football NFT Art are limited to those expressly stated in Section 4 of this Agreement. DOXXED Media reserves all rights and ownership in and to the DOXXED Media Materials not expressly granted to you in this Agreement.
You acknowledge and agree that, except as expressly set forth in this Agreement to the contrary: (a) your acquisition of a World of Football NFT does not give you any rights or licenses in or to the DOXXED Media Materials; (b) you do not have the right to modify, reproduce, create derivative works of, distribute, sell, license or otherwise commercialize any elements of the DOXXED Media Materials; (c) you will not apply for, register, or otherwise use or attempt to use any DOXXED Media trademarks or service marks, or any confusingly similar marks, anywhere in the world; and (d) you have no right to and shall in no event take any enforcement action (including by, for example, sending DMCA takedown notices) or make any claims based on any DOXXED Media Materials without DOXXED Media’s prior written consent in each instance, and DOXXED Media may, in its sole discretion, undertake any necessary actions to prevent any unlicensed or unauthorized use and/or distribution of any DOXXED Media Materials.
4. Licensed Rights:
(a) Your Licensed Rights. You acknowledge and agree that the World of Football NFTs are made available solely for entertainment purposes, and, subject to your continued compliance with this Agreement, DOXXED Media grants you a limited, non-exclusive, non-sublicensable, non-transferable (except as permitted in Section 4(b) below), license to display the World of Football NFT Art, solely for your own personal, non-commercial use (the “Licensed Rights“). Your Licensed Rights include the ability to display the World of Football NFT Art as your avatar or profile picture on our Services.
(b) Permissible Transfers of Your Licensed Rights. You have the limited right to assign or transfer your Licensed Rights solely in connection with the sale or disposition of your World of Football NFT, provided that: (i) the transferee accepts all of the terms of this Agreement; (ii) you have not, prior to the transfer or assignment, breached this Agreement; and (iii) prior to the transfer or assignment, your Licensed Rights have not been terminated. Any attempted transfer or assignment of your Licensed Rights that do not satisfy the requirements of this Section 4(b) shall be null and void and shall constitute a material breach of this Agreement.
5. License Restrictions:
You agree that, without DOXXED Media’s express prior written consent, you may not, nor permit any third party to, do or attempt to do any of the following: (a) modify any World of Football NFT Art in any way, including by modifying any of the shapes, designs, drawings, attributes, or color schemes; (b) use any World of Football NFT Art to advertise, market, or sell any product or service; (c) use the World of Football NFT Art in any way, or in connection with images, videos, or other forms of media, that violates our Content Policy; (d) sell, distribute for commercial gain (including giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the World of Football NFT Art; (e) attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in or to the World of Football NFT Art; or (f) utilize the World of Football NFT Art for your or any third party’s commercial benefit.
To the extent the World of Football NFT Art contains any third-party Intellectual Property Rights (e.g., licensed Intellectual Property Rights from a celebrity, artist, or other public figure), you understand and agree that: (i) you will not have the right to use any third-party Intellectual Property Rights in any way except as incorporated in the World of Football NFT Art, and subject to the license and restrictions contained in this Agreement; (ii) depending on the nature of the license granted from the owner of the third-party Intellectual Property Rights, DOXXED Media may need to pass through additional restrictions on your ability to use the World of Football NFT Art; and (iii) to the extent that DOXXED Media notifies you in writing (email sufficing) of any additional restrictions that apply to the World of Football NFT Art due to third-party Intellectual Property Rights, you will comply with those restrictions from the date that you receive notice from us, and your failure to comply with those restrictions will be deemed a breach of this Agreement.
6. Termination of the Licensed Rights:
If you sell, trade, donate, give away, transfer, or otherwise dispose of your World of Football NFT for any reason, your Licensed Rights will automatically and immediately terminate, and you will have no further rights in or to the World of Football NFT Art. We will use the Ethereum blockchain’s record for your World of Football NFT to determine whether you no longer possess the applicable World of Football NFT and associated Licensed Rights. We may, but are not obligated to, provide you with notice regarding the revocation of your Licensed Rights. Additionally, the Licensed Rights shall automatically terminate and all rights shall return to DOXXED Media if: (a) you make any assignment for the benefit of creditors, file a petition in bankruptcy or are adjudged bankrupt, or become insolvent or are placed in the hands of a receiver; (b) you engage in any unlawful business practice related to your World of Football NFT; or (c) you disparage or initiate any legal action against DOXXED Media, its affiliates, and their respective officers, directors, members, employees, agents, and/or attorneys (collectively, the “DOXXED Media Parties“). Additionally, if any World of Football NFT Art or any part of the World of Football NFT Art becomes, or in DOXXED Media’s opinion be likely to become, the subject of a claim of infringement, DOXXED Media has the right, at DOXXED Media’s sole option, to (1) procure for you the right to continue using such World of Football NFT Art, (2) replace the World of Football NFT Art so that the World of Football NFT Art becomes noninfringing, or (3) terminate your license to the World of Football NFT Art without further obligation to you.
7. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY:
YOU UNDERSTAND AND ACKNOWLEDGE THAT World of Football NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM BLOCKCHAIN AND ARE NOT LEGAL TENDER OR INTENDED FOR INVESTMENT PURPOSES. ALL SMART CONTRACTS ARE ON AND ALL TRANSFERS OF World of Football NFTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM BLOCKCHAIN. DOXXED Media HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY OF THOSE SMART CONTRACTS OR TRANSFERS. ALL World of Football NFTS AND THE World of Football NFT ART ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO DOXXED Media DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE World of Football NFTS OR ANY PART THEREOF (INCLUDING ANY SMART CONTRACT, EXTERNAL WEBSITES, World of Football NFT ART, OR SECONDARY SALES OF OR ALLEGED SECONDARY MARKETS FOR World of Football NFTS), INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY OR RELIABILITY.
IN NO EVENT SHALL ANY OF THE DOXXED Media PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY THIRD-PARTY TECHNOLOGY OR PARTY RELATED TO ANY OF THE World of Football NFTS, World of Football NFT ART, AND World of Football NFT MINTS, INCLUDING THE ETHEREUM FOUNDATION, THE METAMASK WALLET, AND OPENSEA.
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL ANY OF THE DOXXED Media PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THIS AGREEMENT, THE World of Football NFTS, THE World of Football NFT ART, OR THE World of Football NFT mint (EVEN IF THE DOXXED Media PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES), AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE DOXXED Media PARTIES EXCEED US$100.
THE LIMITATIONS OF THIS SECTION WILL APPLY EVEN IF ANY REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Assumption of Risk:
World of Football NFTs are made available solely for entertainment purposes. You agree that you assume the following risks: (a) to the extent there is a price or market for a blockchain asset such as a non-fungible token, (i) those prices and markets are extremely volatile, (ii) variations in the price of other digital assets could materially and adversely affect the value of any digital assets you own, including your World of Football NFT, and (iii) there is no guarantee that your World of Football NFTs will have or retain any value; (b) the commercial or market value of your World of Football NFT may materially diminish in value as a result of a variety of things, including negative publicity associated with DOXXED Media; (c) there are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere, and the DOXXED Media Parties expressly disclaim any responsible for these risks; (d) the DOXXED Media Parties do not make any promises or guarantees about the availability of your or any other World of Football NFTs or World of Football NFT Art or that they will host your or any other World of Football NFTs or World of Football NFT Art at any specific location and/or for any specific period of time; (e) upgrades to the Ethereum blockchain, a hard fork or other change to the Ethereum blockchain, a failure or cessation of the Ethereum blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the Ethereum blockchain may have unintended, adverse effects on all blockchains using those or similar technologies, including World of Football NFTs; (f) the DOXXED Media Parties do not make any promises or guarantees related to OpenSea, the MetaMask Wallet, the Ethereum Foundation, the Ethereum blockchain, or any other third parties related to the World of Football NFT mints (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties); (g) the risk of losing access to your World of Football NFT due to loss of your private key(s), custodial error or purchaser error; (h) the risk of mining attacks; (i) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties; (j) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the World of Football NFTs; (k) the taxes due as a result of, and tax consequences associated with, any of your World of Football NFT-related transactions; and (l) the risk of engaging in any transactions relating to your World of Football NFTs with third parties (e.g., transferring your World of Football NFT from a third party on any so-called “secondary market”).
You also acknowledge and agree that: (i) you have obtained sufficient information to make an informed decision regarding the World of Football NFTs; (ii) you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself; (iii) none of the DOXXED Media Parties covenant, represent, or warrant that any World of Football NFT, or its supporting systems or technology, is reliable, current or error-free or otherwise meets your requirements, that defects in the World of Football NFT, or its supporting systems or technology, will be corrected, or that the delivery mechanism for World of Football NFTs will be free of viruses or other harmful components; and (iv) none of the DOXXED Media Parties will be responsible for any communication failures, disruptions, errors, distortions or delays you may experience related to any World of Football NFT mint or the World of Football NFTs.
9. Governing Law:
This Agreement and all matters related to it and/or any World of Football NFTs, World of Football NFT Art, or World of Football NFT mints will be governed by the laws of Utah, without regard to its conflict of laws rules (except to the extent that law is inconsistent with or preempted by federal law). All disputes related to this Agreement or the World of Football NFTs, World of Football NFT Art, or World of Football NFT mints will be brought solely in the federal or state courts located in Salt Lake City, Utah, and you consent to personal jurisdiction in these courts.
10. Changes to this Agreement; Changes to the DOXXED Media Services:
DOXXED Media may make changes to this Agreement from time to time. When DOXXED Media makes such changes, we will make the updated Agreement available on this website and update the “Last Updated” date at the beginning of the Agreement accordingly. Please check this page periodically for changes. Any changes to this Agreement will apply on the date that they are made, and, by way of example, your continued access to or use of the World of Football NFT Art after the Agreement has been updated will constitute your binding acceptance of the updates. To the extent our Services permit the inclusion, involvement, visualization, or display of the World of Football NFT Art, including by cryptographically verifying your rights to display the World of Football NFT Art in connection with your World of Football NFT, you acknowledge that: (a) your use of our Services will be governed by the DOXXED Media User Agreement (b) the image quality, design specifications, and other visualized output of any World of Football NFT Art will be subject to DOXXED Media’s discretion and technological constraints; and (c) DOXXED Media reserves the right to modify, suspend, or discontinue the display of World of Football NFT Art on our Services (in whole or in part) at any time, with or without notice to you.
You cannot participate in any World of Football NFT mint, purchase or use any World of Football NFT, or display any World of Football NFT Art if you: (a) are not able to form legally binding contracts (for example, if you are under 18 years old); (b) are temporarily or indefinitely suspended from using our Services; or (c) are a person with whom transactions are prohibited under economic or trade sanctions.
You will defend, indemnify, and hold any and all of the DOXXED Media Parties harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your license, sale or possession of the World of Football NFT and any Licensed Rights and/or your participation in the DOXXED Media NFT mint, including: (a) our breach of this Agreement or any third-party terms; (b) your violation of any law or the rights of any third party as a result of your own interaction with that third party; (c) any allegation that any materials or communications that you submit to us or transmit in the course of any World of Football NFT mint infringe or otherwise violate the Intellectual Property Rights of any third party; or (d) any other activities in connection with any World of Football NFT mint or the World of Football NFT. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You are solely responsible for all taxes and charges (including any VAT, sales, or compensating-use tax or equivalent tax and any taxes on the resale of any World of Football NFT) that apply in connection with any World of Football NFT mint and any subsequent transaction involving any World of Football NFT. The applicable tax rate will be determined based upon the state, county, or locale. The DOXXED Media Parties are not responsible for determining the taxes that may apply to any of your transactions.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Throughout this Agreement, the use of the word “including” means “including but not limited to.” The obligations in this Agreement that are intended by their terms to survive the expiration or termination of this Agreement shall so survive, including Sections 1-3, and 5-13.