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NiftyArt Terms and Conditions V1.0

Definitions:

NiftyArt NFT: A unique piece of data that is described by a record in a blockchain. This record contains a probabilistically unique identifier of a data file containing and/or describing the represented Work.

Owner/Ownership: (of the NiftyArt NFT) Modifying, destroying, or transferring an NiftyArt NFT record (called a transaction) is defined by rules specified by the blockchain and by each NiftyArt NFT record. Successfully following these rules requires pieces of data that are provided as part of the transaction. Ownership of an NiftyArt NFT is defined as possessing the ability to provide the data required to confirm a transaction on the blockchain. Proving ownership occurs solely by one of two mechanisms. First, by executing and confirming said transaction on the blockchain. This confirms Ownership for the exact duration of the transaction. Second, by producing a unique transaction upon demand with the correct required data but that is not admissible onto the blockchain for some other reason. This confirms Ownership until the NFT blockchain record is modified or destroyed. Every use of the word 'Owner' in these Terms and Conditions implies cryptographic verification of ownership as described.

Creator: (of the NiftyArt NFT) The entity that originally created the NiftyArt NFT on the blockchain.

Work: The artwork referenced by this NiftyArt NFT. The Work may be fully embodied within files named 'public' and/or 'private'. Additionally, the Work may include a physical and/or external components as specified by the 'info' field within the 'info.json' file.

Owner Work: The portion of the Work visible only by the Owner, as described below.

Public Work: The portion of the Work visible to anyone, as authorized by the Owner and these Terms and Conditions.

Service: A third party entity that facilitates the use, inclusion, participation, management, storage, display or trade of NiftyArt NFTs.

Inseparability of Work from the NiftyArt NFT:

Ownership of this NiftyArt NFT confers all licenses to the Work described herein. Transfer of this NiftyArt NFT transfers the same. The licenses described below are forever conferred by and inseparable from Ownership of this NiftyArt NFT. The Owner does NOT have the right to create or enter into any contract, agreement or document, electronic, physical or otherwise that changes or overrides the NiftyArt NFT's licenses to the Work as described herein.

Visibility of the Work:

Third parties may reproduce and publish the media files located within this NiftyArt NFT prefixed by 'cardf' and 'cardb' (with various suffixes and extensions) and the data within the 'info.json' file within the context of identifying this NiftyArt NFT. The fair use of the title and author of a book shall act as precedent for when this data may be published. If media files or directories prefixed by 'owner' (with various suffixes and extensions) exist, this data is the Owner Work. No Service may use, copy, display, or publish this file except to a proven current Owner. Services that manage, store, use, or trade NiftyArt NFTs may store this file on behalf of and for use by the Owner. If the NiftyArt NFT data file contains any Owner Work, the entire NiftyArt NFT data file has these same constraints. If media files or directories prefixed by 'public' (with various suffixes and extensions) exist, this data is the Public Work. 'cardf' and 'cardb' prefixed files are also within the Public Work. Control of the Public Work is specific to each NFT and described in the following sections.

Creator Copyright Ownership:

The Creator of the NiftyArt NFT asserts that they had sole ownership of exclusive copyright to the Work, had the right to transfer that ownership, and that the creation of this NiftyArt NFT inseparably binds the copyright and/or licenses described herein to Ownership of this NiftyArt NFT.

A Service may display or use of the Public Work as an avatar and/or icon associated with the Owner for the purpose of identifying the Owner to other participants. The service may display or use the Public Work on behalf of the Owner while the Owner is using the service. When the Owner leaves the service, the use or display must cease. For example, the Work may be used within Services by the Owner as the Owner's avatar or as an ancillary item that unlocks additional functionality or abilities. Once the Public Work has been displayed or used in the manner described above, the historical record of that use may continue to be displayed, even if the Owner transfers the NFT, provided that the display or use clearly indicates the time and date of the original use.

The Owner of the NiftyArt NFT that includes this notice is hereby granted an unlimited, worldwide license to use, copy, and display the Public Work for the purpose of creating derivative works based upon the Public Work (“Commercial Use”). If these derivative works are NiftyArt NFTs, they must be significantly and obviously distinct from this Work. Examples of such Commercial Use would e.g. be narratives involving the Public Work, additional likenesses of the Public Work, combining 2 or more NiftyArt NFTs to create new NiftyArt NFTs with some traits from the originals, or merchandise products displaying copies of or in some way embodying the Public Work.