O R B I U M
ORBIUM is a collection of digital artworks (non-fungible tokens or “NFTs”) running on the Ethereum network. Users are solely responsible for the security and management of their own private Ethereum wallets. Furthermore, given that the ORBIUM Smart Contract runs on the Ethereum network, you acknowledge and agree that there is no ability to undo, reverse, or restore any transactions.
ART by ARK (“Owner”) may modify these terms without prior notice to you. Your use of the site constitutes your full legal acceptance of the Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE, SALE, AND TRADE OF ORBIUM NFTS IS AT YOUR SOLE RISK, AND THAT THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES).
ORBIUM NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. OWNER HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND ARE ACCEPTING SOLE RESPONSIBILITY FOR ANY AND ALL TRANSACTIONS INVOLVING ORBIUM DIGITAL COLLECTIBLES.
i. Ownership. Each individual ORBIUM NFT is on the Ethereum blockchain. When you purchase an ORBIUM NFT (the “NFT”), you own the underlying NFT completely and have the right to trade, sell, or give away your ORBIUM NFT. Ownership of the NFT is dictated entirely by the Smart Contract and the Ethereum Network. Owner has no ability to seize, freeze, or otherwise modify the ownership of any ORBIUM NFT.
ii. License to display and use Art.
(a) Personal Use. Subject to your continued compliance with these Terms, Owner grants you a worldwide, royalty-free license to use, copy, and display the Art (as defined below), along with any Accepted Uses (as defined below) that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the sale and purchase of your ORBIUM NFT, provided that the marketplace cryptographically verifies each ORBIUM owner’s rights to the NFT; or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of your ORBIUM NFT, provided that the website/application cryptographically verifies each ORBIUM owner’s rights to the NFT. The Art is the digital artwork embodied in the NFT. Accepted Uses are reproductions of the Art displayed in other mediums, such as on clothing or printed paper.
(b) Commercial Use. Subject to your continued compliance with these Terms, Owner grants you a worldwide, royalty-free license to use, copy, and display the Art for the purpose of creating Accepted Uses for commercial purposes (“Commercial Use”). Examples of Accepted Uses include T-shirts or key chains displaying the Art. For clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of ORBIUM NFTs generally, provided that the marketplace cryptographically verifies each ORBIUM NFT owner’s rights to the NFT; (ii) owning or operating a third-party website or application that permits the inclusion, involvement, or participation of ORBIUM NFTs generally, provided that the third-party website or application cryptographically verifies each ORBIUM NFT owner’s rights to the NFT; or (iii) earning revenue from any of the foregoing.
(c) Other Limits On License. The license granted in this section applies only to the extent that you continue to own the ORBIUM NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your ORBIUM NFT for any reason, the license granted to you in this section will immediately expire without the requirement of notice, and you will have no further rights in or to the display or use of the Art for that ORBIUM NFT.
(iii) Restrictions. You agree that you may not, nor permit any third party to use or attempt to use, the Art for or in connection with any illegal purpose.
(iv) Owner Intellectual Property. Other than the rights described herein, nothing in these Terms gives you any rights or licenses in or to any trademarks, copyrights, or other intellectual property rights belonging to Owner, including, without limitation, to the trademarks ORBIUM, any associated logos and slogans, and Owner’s copyright in and to the Art (collectively, “Owner Intellectual Property”). Owner reserves all rights that are not expressly granted to you in these Terms.
@ ART by ARK ©2022
All sales are final. ART by ARK takes no responsibility in lost/failed transactions. Transactions on Opensea are a separate transactions. Please contact their customer service for assistance.
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