1. NFT Description.
Through the Postgame NFT service you may be permitted to purchase and subsequently pay for (together, “Purchase”) certain non-fungible tokens created by Postgame, LLC, a Florida corporation. These Additional Terms (“Additional Terms”) describe your rights and obligations with respect to such NFTs.
2. Ownership and License
2.2 License. Subject to your complete and ongoing compliance with these Additional Terms, the Postgame Terms of Service, and any other terms governing your relationship with Postgame, LLC or Postgame, Postgame, LLC grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable (except in connection with a Secondary Sale), non-sublicensable, revocable license to use any to any intellectual property (or related intellectual property rights) included in the NFT (“NFT IP”) solely as included in the NFT. For clarity, except for the foregoing license, neither your Purchase of the NFT nor these Additional Terms grant you any other license or rights to any NFT IP.
2.3 License and Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
a. Profit from, otherwise commercialize, or license the NFT, including in connection with the marketing, advertising, or selling of any third party product, except as part of a Secondary Sale;
b. Modify the NFT in any way or combine the NFT with, or embed the NFT into, any digital or other content or media;
c. Use the NFT in any manner which infringes upon the intellectual property rights of any person or entity;
d. Use the NFT in connection with or to promote any illegal activity, hate speech, violence,inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of Postgame, LLC or any student athlete whose name, image, or likeness is represented by the NFT (“Student Athlete”);
e. Commit any of the foregoing actions with respect to the NFT IP;
i. Use the NFT IP except as incorporated in the NFT; or
ii. Encourage or permit any third party to do any of the foregoing.
2.4 Royalties. 10% of any amounts payable to you upon a Secondary Sale on the OpenSea.io platform shall be remitted to Postgame, LLC as a royalty hereunder.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL NFT SMART CONTRACTS OPERATE ON THE DECENTRALIZED ETHEREUM LEDGER. POSTGAME NFT, POSTGAME, LLC, THE STUDENT ATHLETES, AND EACH OF THEIR AFFILIATES HAVE NO CONTROL OVER AND MAKE NO PROMISES OR GUARANTEES WITH RESPECT TO ETHEREUM OR SMART CONTRACTS. YOU AGREE THAT POSTGAME NFT, POSTGAME, LLC, ANY STUDENT ATHLETES, AND EACH OF THEIR AFFILIATES ARE NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR ANY ISSUES OR LOSSES RELATED TO THE NFT, THE ETHEREUM BLOCKCHAIN, YOUR DIGITAL WALLET, OR SMART CONTRACTS.
4. Eligibility. In order to Purchase the NFT you must be 18 years of age or older or the age of majority in your jurisdiction, whichever is greater.
5. Assumption of Risk. The value of NFTs is subjective and therefore can be volatile. NFTs and similar assets are collectibles and have no inherent or intrinsic value. Postgame NFT, Postgame, LLC, and the Student Athletes do not and cannot guarantee that any NFTs purchased will retain their original value. You agree to assume all risk associated with the use and value of the NFT.
6. Governing Law. These Additional Terms shall be governed by the laws of the State of Florida
7. Arbitration; No Class Action.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Your Purchase of an NFT constitutes your acceptance of this Arbitration provision.
As a condition to purchasing the NFT, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the NFT (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.