This Contract is between “you” (Owner) and “Blacwhite Legacy” (Company). You hereby agree to the Terms and Conditions of this Contract including the Terms of the Privacy Policy.
1) CONTRACT ACCEPTANCE
Please read these Terms and Conditions carefully, as they outline your rights to purchase the Dabbu NFT through this site.
2) DEFINITIONS IN THE CONTRACT
When the following Terms are used in this Contract, the specified meanings are as follows:
(i) “Art” means any artwork, digital creation, design and drawings that are related with the NFT that one owns.
(ii) “NFT” means any blockchain-tracked, non-fungible token, such as those adhering to the ERC-721 standard.
(iii) “Own” refers to the NFT that one has purchased or otherwise legitimately obtained from a credible source, with proof of purchase recorded on the appropriate blockchain.
(iv) “Purchased NFT” refers to the NFT that one has minted and owns.
(v) “Intellectual Property” refers to any patent rights (including, but not limited to, patent applications and disclosures) copyrights, trade secrets, trademarks, or any other intellectual property rights recognized in any country or jurisdiction around the world.
3) PURPOSE OF CONTRACT TERMS
This Contract outlines the Terms and Conditions under which Blacwhite Legacy grants the Owner rights to the art to which this Contract is attached (hereby the “Contract”).
This Contract shall apply to the extent that the Company and the Owner have not reached an agreement in writing. In the event of a dispute between any other agreement and this Contract, the terms of this Contract will take precedence.
The provisions of this Contract shall remain in full force and effect following the purchase of Dabbu NFT.
4) OWNERSHIP CLAUSES
All materials and documentation as well as all derivatives thereof (collectively “Protected Materials”), are owned by Blacwhite Legacy and are protected by the applicable laws in terms of copyright, patent and trademark.
The Owner understands and agrees that all legal rights, title and interest in and to the art, as well as all Intellectual Property rights mentioned therein, are owned by the Company. Any or all losses resulting from the unlawful use of the Intellectual Property will be the responsibility of the Owner. The rights that the Owner have in and to the art are those set forth in this Contract.
The Company, in particular, shall have the right to revise, edit, manipulate, add to, create, exploit derivative works of the art and distribute the art in any manner and medium. All rights in and to the art that are not expressly granted to the Owner in this Contract are reserved by Blacwhite Legacy.
5) CONTRACT TERMS
Blacwhite Legacy grants the Owner a worldwide, exclusive, limited license and roadmap on the digital collectibles, subject to the Owner’s continued compliance with the Terms of this Contract and applicable laws, for the legal duration of the Intellectual Property rights, under the following Terms and Conditions:
(i) The Company hereby does not give the Owner the rights to use, perform, display and distribute the art in any manner and medium for any purpose whatsoever, including commercial, except for sole personal use subject to the Company’s righteous and, where technically required, adapt the art in a non-substantial way.
(ii) The Owner may sell the purchased NFT on a marketplace that allows the purchase and sale of NFT that cryptographically verifies each NFT Owner’s right to display the art to ensure that only the actual Owner can sell the art. The Owner’s rights of the art are restricted to those set out in this Contract.
Blacwhite Legacy has the right to amend, reschedule and cancel any part of the roadmap mentioned therein without prior notification and announcement.
6) PRIVACY POLICY TERMS
The owner accepts and agrees that the personal information will be collected, used and disclosed in accordance with the Terms of the Privacy Policy.
7) CONFIDENTIALITY
Any confidential information will not be disclosed without the Owner’s prior consent. Despite the foregoing, Blacwhite Legacy may disclose confidential information if compelled by a court of competent jurisdiction or other governmental bodies, or if otherwise required by law, as long as the Owner is notified.
8) ROYALTY FEES
Every resale of Dabbu NFT on any secondary marketplace by the Owner, will be subjected to a 10% royalty fees to Blacwhite Legacy.
9) LIMITATION APPLICABILITIES
Without Blacwhite Legacy’s express prior written agreement in each situation, the Owner shall not perform or permit any third party to carry out any of the following:
(i) utilize the art of purchased NFT in texts, photographs, videos, or other forms of media that represent intolerance, unlawful activity, violence or anything else that could be construed as hatred or otherwise infringe others’ rights or any applicable laws or regulations.
(ii) infringe the Company’s rights of the art in any manner as well as rights to the art’s integrity governed by the law and in particular the usage or exploitation of the art in any way without crediting the Company.
If the Company notifies the Owner of any additional limitations, the Owner is responsible for adhering to all such limitations as of the date of receipt of this information, and failing to do so will be considered as a breach of this Contract.
The limitations in Section 9 will remain effect after this Contract expires or is terminated.
10) RISKS CLAUSE
The Owner understands the risks involved and should carefully consider the risks of copyright infringement, anticipate possible changes in the price of other digital assets that could indirectly or directly affect the purchase of Dabbu NFT as well as any changes to relevant legal doctrines that could create litigation uncertainty or affect Dabbu NFT ownership obligations.
11) INDEMNIFICATION CLAUSE
The Owner agrees to hold harmless and indemnify Blacwhite Legacy, its affiliates, employees and permitted successors and assigns against all claims, inclusive of third-party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees and costs of any kind or amount whatsoever for any misuse and violation resulting from or arising out of any act or omission by the Owner.
The indemnification clause will remain even if the Contract is terminated.
12) TERMINATION OF CONTRACT
The Contract is only valid as long as the Owner retains ownership of the relevant purchased NFT. If the Owner sells, trades, donates, gives away, transfers, or otherwise disposes of the purchased NFT for any reason, this Contract shall automatically expire and be passed to the new Owner together with the purchased NFT.
The Owner understands that by selling the NFT, one no longer qualifies as the Owner of the art and so is no longer entitled to the benefits of this Contract.
13) GOVERNING LAW
Blacwhite Legacy and the Owner’s rights besides obligations under this Contract, as well as any of its Terms and Conditions, shall be regulated, interpreted, and enforced in accordance with the Malaysian laws.
14) SEVERABILITY
If any provision of this Contract is ruled invalid for any reason, the remaining provisions will continue in effect. Such remaining provisions, on the other hand, shall be fully severable, and this Contract shall be construed and enforced as if such invalid provisions had never been included in it.
15) WAIVER
Failure to enforce any provision of the Contract as a result of a breach shall not be construed as a waiver of any rights to enforce the other provisions stated in the Contract, in the event of a subsequent or continuing violation.
16) DISCLAIMER
BLACWHITE LEGACY PROVIDES NO OTHER WARRANTIES, LIABILITIES, OR REMEDIES WITH RESPECT TO THE PURCHASE OF DABBU NFT.
BLACWHITE LEGACY MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, WITHOUT INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SERVICE WILL MEET THE OWNER’S EXACT REQUIREMENTS.
BLACWHITE LEGACY MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE WHOLE PURCHASE PROCESS INCLUDING ANY BLOCKCHAIN AND/OR CRYPTOCURRENCY WALLET TRANSACTION SERVICES THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS ON IMPLIED WARRANTIES, AND FOR THAT REASON THE LIMITATION MAY NOT APPLY TO THE OWNER.
17) CONCLUSIVE AGREEMENT
These Terms and Conditions are primarily for the benefit of the parties involved in this Contract.
These Terms and Conditions set forth the complete agreement between “you” (Owner) and “Blacwhite Legacy” (Company) with Registration Number: 202103262707 (MA0273942-P) regarding the use of this site and the access following the purchase of Dabbu NFT.
If you require any further clarification and information on this Contract, you may contact us at dabbu@blacwhite.com