Knight & Dame Terms
Knight & Dame (K&D) is a collection of NFTs running on numerous blockchains and networks. The website is an interface allowing for the purchase of digital collectibles. All users are completely responsible for the safety and management of their own NFTs on all networks. The validating transactions and contracts generated by this website are the responsibility of the user. The contracts for Knight & Dame running on the various blockchains and networks do not permit K&D to undo, reverse or restore any transactions. By using this website you are accepting sole responsibility for any and all transactions involving any Knight & Dame NFT or digital collectible.
A summarization of the key terms applicable to the purchase of a Knight & Dame NFT or digital collectible art is found below. These summarizations are to assist with understanding and is not intended as supplementary or modification of the agreement.
1. Ownership and License
A. Personal Use.
Subject to compliance with these Terms, Knight & Dame, LLC grants you worldwide, royalty-free license to use, copy, and display the Art for the following purposes:
(i) for your own personal, non-commercial use.
(ii) as part of a marketplace that permits the purchase, trading, and sale of your Knight & Dame NFT or digital collectible.
(iii) as part of a third-party website that permits the inclusion or participation of your Knight & Dame NFT or digital collectible, provided that said website or application verifies each owner's rights to display the art using cryptographic means.
B. Commercial Use.
Subject to compliance with all Terms, Knight & Dame, LLC grants the user/owner a worldwide license to use, copy, and display the purchased Art for the purpose of commercializing products and art featuring the Art. Such examples could include but are not limited to the use of the Art to produce and sell products (clothing items, stationery, etc.), or displaying copies of the Art.
C. You Own the NFT or Digital Collectible.
Each Knight & Dame is a NFT residing on a blockchain. When a NFT is purchased, the purchaser owns the underlying NFTS completely. Ownership is mediated by the underlying smart contracts used on the various blockchains and networks. K&D cannot seize, freeze, or modify the ownership of any Knight & Dame NFT or digital asset. As the user, you do not own the art linked to the NFT, which is licensed instead as described in Personal and Commercial use. The use of likeness not owned (K&D logo, likenesses, characters, etc.) is strictly prohibited with the express written consent of Knight & Dame, LLC.
D. Knight & Dame IP
Other than the rights to the Art previously mentioned, the user/owner is not granted any rights to any other trademarks or other intellectual property rights belonging to Knight & Dame, LLC. This includes Knight & Dame likeness, characters, storylines, tokens, and any and all associated logos. All of these rights are reserved by Knight & Dame, LLC.
2. Your Obligations
As the owner/user you are solely responsible for your use of the Knight & Dame NFTs, and for any consequences thereof. This includes modification for the Art, use of the Art in connection with any and all media and/or merchandise that promotes hate speech, illegal activities, vulgarity (e.g., pornography), offensive behavior, violence, cruelty or political statements; make defamatory or dishonest statements about Knight & Dame NFTs, digital art or Knight & Dame, LLC; usage of the Art to create additional NFTs or digital assets; create derivative works of art comprising of the Knight & Dame NFTS; or register assets that may be confusingly similar to such trademarks as those held by Knight & Dame, LLC.
3. Fees and Payment
A. When you purchase a Knight & Dame NFT or digital collectible, to include minting, primary and secondary sales, and financial transaction you engage in will be the sole responsibility of that blockchain and/or network. K&D does not have insight or control over payments or transactions, and does not have the ability to reverse any transaction. K&D has not liability to you or any other party for claims or damages that may arise as a result of any transaction that you engage in or any transaction conducted on any of the blockchains or networks we interact with.
B. Blockchains and networks may require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on their network. This fee is related to the blockchain and/or network and not K&D itself. Any Knight & Dame NFT or digital collectible transaction in which a sale is conducted may after the initial purchase may induce a royalty payment from 0 - 10%.
4. Risk Assumption and Limitation of Liability
You accept and acknowledge all risks associated with any Knight & Dame NFT that you purchase, including (but not limited to) security, drops in value, failures of blockchain technology, legal and regulatory risk, and the risks of using third-party platforms.
You will be fully responsible for any claims against Knight & Dame NFT, its licensors or affiliates, related to:
(i) your breach of the Terms.
(ii) your use of a marketplace.
(iii) your exercise of your license to the Art.
6. Dispute Resolution; Arbitration
Any dispute related to your Knight & Dame NFT will be governed by the laws of Michigan. If a dispute requires formal proceedings to resolve, the dispute will be resolved through binding arbitration, unless a party elects to pursue an eligible claim in small claims court or a party seeks injunctive relief.