Welcome to Chibi Dinos
Chibi Dinos is an Ethereum blockchain-based generative project consisting of 10,000 unique Chibi avatar’s displaying randomized traits. The Chibi Dinos team are existing business owners with a passion for quality art and community building. These terms of service (“TOS”) are intended to provide clear, transparent guidelines for responsible ownership and use of Chibi Dino’s. Any questions can be sent along to the Creative Team, via Twitter or Discord
Ownership and Commercial Rights of Chibi Dino NFT’s
Chibi Dino’s consists of 10,000 individual ERC-721 tokens (individually “Chibi Dino”, collectively “Chibi Dinos” or “NFTs”) which include unique generative artwork hosted on Inter Planetary File System (“IPFS”). By minting a Chibi Dino NFT from our smart contract, purchasing it off the secondary market (e.g. OpenSea), or otherwise acquiring the Chibi through any other legitimate means or method, you obtain a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display content for such NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of NFTs, provided that the marketplace cryptographically verifies each NFT’s owner’s rights to display the content for their NFT to ensure that only the actual owner can display the content; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT’s owner’s rights to display the content for their NFT to ensure that only the actual owner can display the content, and provided that the content is no longer visible once the owner of the NFT leaves the website/application. This license only lasts as long as you are the valid owner and holder of the NFT associated with the licensed content. If you sell or transfer the NFT to another person, this license will transfer to such other owner or holder of the NFT, and you will no longer have the benefits of such license. All rights not expressly granted are reserved.
You agree that you may not, nor permit any third party to do or attempt to do any of the following without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the content for your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the content for your NFT to advertise, market, or sell any third party product or service; (c) use the content for your NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the content for your NFT; (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the content for your NFT; or (f) otherwise utilize the content for your NFT for your or any third party’s commercial benefit.
If the content associated with your NFT contains third party IP (e.g., licensed intellectual property from any rights holder, such as music performance rights or publicity rights), you understand and agree as follows: (a) you will not have the right to use such third party IP in any way except as incorporated in the content for your NFT, and subject to the license and restrictions contained herein; (b) depending on the nature of the license granted from the owner of the third party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the content; and (c) to the extent that we inform you of such additional restrictions, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained herein.
You agree not to use, utilize, portray, advertise, distribute or otherwise market any Chibi in any project or derivative work that involves hate speech, racism, pornography, or any other illegal or unlawful content. Upon sale or transfer of the NFT, any ownership or commercial rights are immediately transferred to the new holder. No refunds shall be issued to any holder upon a full and complete lawful purchase of any NFT or Chibi. In the event that any holder purchases a Chibi through the secondary market, such as OpenSea, the holder shall be held accountable and will be bound by the Terms of Service which govern said secondary market platform.
Limitations of Liability for Gas, Failed Transactions, Smart Contract Bugs
Participants in minting Chibi Dino NFTs agree to hold the project Creative Team and for any losses incurred as a consequence of minting an NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of any NFT due to website or smart contract bugs.
No Guarantees or Future Promises
While Chibi Dinos has released a roadmap outlining future goals and plans for community development, we cannot guarantee to accomplish every item outlined during the pre-launch planning phase as ideas and projects evolve organically. You agree that your purchase of a Chibi from our initial launch of 10,000 NFTs is all you are guaranteed to receive with your initial purchase, whether through primary or secondary channels. Any future benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by Chibi Dinos in using this site and participating in our NFT launch.
No Guarantees of Value
Chibi Dinos NFTs were created purely as collectibles, not as investment vehicles or substitutes for cryptocurrency. We make absolutely no promise or guarantee that these NFTs will subsequently retain monetary value in fiat, cash or cryptocurrency.
Each holder is solely and entirely responsible for any and all Federal or State tax liabilities which may arise, be imposed, or enforced as a result of minting or reselling Chibi Dinos
Class Action Waiver, Jurisdiction and Choice of Law
You agree to waive any class action status, and any legal dispute around the Chibi Dinos project which you may choose to bring can only be done on an individual basis.
The Chibi Dino project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater. Any individual under the age of 18 participating in this project should only do so under parental supervision.
Chibi Dinos will not collect any cookies, IP addresses, or user data in connection with your use of the website and app, with the exception of cookies related to browsing behavior for the Google analytics SEO which helps us enhance your experience with our site and relay visitor traffic statistics to the Google search engine. All project participants understand that the Ethereum blockchain network is a public blockchain, and all transaction history initiated through the website will be made public. Chibi Dinos has no influence on secondary marketplaces, such as OpenSea which have independent terms of service agreed to by you, should you choose to utilize these sites. You also understand that Chibi Dinos may work with third-party apps, such as Discord or Collab.Land, which collect and store user data. Should Chibi Dinos be required to collect or store data for future activities such as merchandise launches or transfer of any benefits such as airdrops, you will be required to agree to the collection of this data. This provision may be subject to change, when deemed fit by the Chibi Dinos team.