● Standard License Summary:
Standard Use License (Standard License): Based on your ownership of an Associated NFT (defined below), you are permitted to download and use the Licensed Material (defined below) for both commercial and non-commercial purposes, subject to the specific restrictions set out in the agreement below (see Restrictions Summary below). below).
● Restrictions Summary (full restrictions are outlined in Section 2 of the agreement below):
As a condition of obtaining license rights pursuant to the agreement below, you also agree not to transfer, sell, or sublicense any part of your rights, violate any intellectual property rights or relevant regulations, modify the Licensed Material in a way that misrepresents its content or Licensor, distribute it in a manner enabling third-party access, use it for political purposes or endorsing agendas, create unlawful material, defame individuals or groups, promote hate speech or discrimination, endorse prohibited products or activities, use it in branding or trademark contexts, or falsely represent ownership of derivative works.
IMPORTANT NOTICE: DOWNLOADING AND USING THIS 3D CONTENT (DEFINED BELOW) IS PERMITTED ONLY IF YOU POSSESS THE ASSOCIATED NFT (DEFINED BELOW). FAILURE TO PROPERLY POSSESS THE ASSOCIATED NFT PRIOR TO DOWNLOADING THE 3D CONTENT AUTOMATICALLY GRANTS THE CREATOR OF THE 3D CONTENT AND/OR SYKY THE RIGHT TO MANDATE THE IMMEDIATE REMOVAL OF SAID 3D CONTENT AND/OR PURSUE COMPENSATION FOR ANY DOWNLOADING OR USAGE THEREOF. BY DOWNLOADING OR USING THIS 3D CONTENT, YOU CONFIRM THAT YOU HAVE READ AND ACCEPTED ALL TERMS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANY TERM, DO NOT DOWNLOAD, COPY, INSTALL, ACCESS, OR UTILIZE ANY 3D CONTENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU MUST HAVE THE LEGAL AUTHORITY TO BIND THEM TO THESE TERMS.THIS IS A LEGAL AGREEMENT (THIS "AGREEMENT") BETWEEN YOU (DEFINED BELOW) AND THE LICENSOR (DEFINED BELOW) AND, WHEREIN APPLICABLE, SYKY (DEFINED BELOW). THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA SYKY.COM.
● 3D Content: A representation in three dimensions, including any files, objects, images, meshes, frames and/or any skin surface.
● Affiliate:: An entity that controls, is controlled by, or shares common control with another entity, where control is defined as ownership of 50% or more of shares or the ability to direct management or policies.
● Agreement: This End User License Agreement.
● Associated NFT: The NFT owned by you, demonstrated by your control over the digital wallet holding the NFT, serves as the basis for accessing the 3D Content.
● Intellectual Property: Copyright, trademark, patent, or other proprietary rights.
● Licensed Material(s): 3D Content, including assets, models, and any related content made available to you on the SYKY Website by SYKY and/or the Licensor pursuant to this Agreement (also referred to herein as Provided Material(s)).
● Licensee: The individual or entity purchasing a License under this Agreement, including related entities under common control.
● Licensee Work: An end product or service created by or on behalf of Licensee using independent skill and effort, incorporating a Reproduction of the Licensed Material.
● Licensor(s): The individual or entity that created the Licensed Material (and in some circumstances may be SYKY) and made it available to you on the SYKY Website.
● NFT: A non-fungible, blockchain-based, digital token.
● Recognized Editing Platform: Industry-recognized services or platforms used for editing purposes.
● Recognized 3D Platforms: Industry-recognized services or platforms offering immersive 3D experiences, virtual spaces, or metaverses.
● Reproduction: Any form of copying, performance, display, distribution, or publication of the Licensed Material, including creating derivative works.
● SYKY: SYKY, Inc. and any affiliated entities (also referred to herein as Company).
● SYKY Platform: Any website, mobile application, or other platform operated by or on behalf of SYKY (also referred to herein as Site).
● SYKY Website: The website, APIs, software applications, and Intellectual Property owned or licensed by SYKY.
● Seat: The number of authorized individual accesses per License.
● Single-Seat: A License allowing only one authorized user at a time.
● You: The individual entering into this Agreement or the entity represented by that individual.
Based on your ownership of an Associated NFT and subject to this Agreement, Licensor grants to you a limited, non-exclusive, non-sublicensable, non-transferable, revocable, Single-Seat license to download, use and modify the Licensed Material solely to the extent explicitly stated in this Agreement, as long as you own the Associated NFT, and subject to Licensee’s complete compliance with this Agreement.
As a condition of you obtaining license rights pursuant to this Agreement, you strictly agree not to:
a) Transfer, sublicense, sell, or attempt to do so with any part of your rights under the Agreement;
b) Violate Intellectual Property rights or other relevant regulations while using your rights under the Agreement;c) Modify or alter the Licensed Material in any manner that could impair its integrity or misrepresent its original content or the Licensor;
d) Distribute the Licensed Material as a standalone file or in a way enabling third-party access to it;
e) Distribute the Licensee Work if it closely resembles the original Licensed Material;
f) Use the Licensed Material for political purposes or to endorse or promote any political agenda, party, candidate, or ideology;
g) Create unlawful material using the Licensed Material, whether directly or indirectly;
h) Use the Licensed Material in a manner that defames, libels, or unlawfully disparages any person, entity, or group;
i) Use the Licensed Material in any context that promotes hate speech, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
j) Use the Licensed Material to endorse or indirectly support the promotion of alcoholic beverages, tobacco, gambling, weapons, explosives, illegal substances, or any related products or activities;
k) Use the Licensed Material in any respect of any branding or trademark contexts; or
l) Falsely represent ownership of derivative works heavily reliant on the Licensed Material.Licensee further must post terms and conditions on its permitted websites prohibiting the unauthorized use of the Licensed Material, as stated above. If the Licensed Material is used on any third-party website, Licensee's rights shall be automatically revoked if the platform seeks to exploit purported rights to the Licensed Material contrary to the Agreement terms. Upon request, Licensee must promptly remove the Licensed Material from such platforms.
Should SYKY and/or the Licensor designate Licensed Material for editorial use only (i.e. applies an Editorial License), Licensee may only employ the Licensed Material within the bounds of fair use principles, permitting editorial, non-commercial usage of copyrighted or trademarked material to illustrate newsworthy or public interest content. However: (i) SYKY or Licensor does not guarantee the applicability of fair use and advises consulting legal advisors for clarification; and (ii) Licensee must make all reasonable efforts to credit the copyright and/or trademark owner.
When utilizing Licensed Material featuring models or property in connection with potentially sensitive subjects (excluding Editorial Licensed Material used editorially), Licensee must include a statement indicating: (i) the use of the Licensed Material is solely for illustrative purposes; and (ii) any depicted persons, if applicable, are models.
Regarding Editorial Licensed Material, your License is also contingent upon refraining from using it for: (a) commercial, promotional, endorsement, advertising, or merchandising purposes, including advertorials or compensated use by third-party advertisers; (b) implying sponsorship, affiliation, or association with any person, brand, or company; or (c) purposes other than creating a work that comments on or criticizes the subject matter or newsworthy events associated with the Licensed Material (e.g., news articles, critical reviews, documentaries). Editorial Licensed Material may be cropped or edited for technical quality, provided the editorial integrity remains intact and the material is not otherwise altered.
Subject to the restrictions outlined in this Agreement, you may extend sub-licenses of limited license rights granted hereunder to Recognized Editing Platforms and Recognized 3D Platforms, as may be necessitated by their respective usage requirements.
Licensor unequivocally retains all rights, including for the avoidance of doubt Licensor’s Intellectual Property rights, to the Licensed Material. Under no circumstances does this Agreement confer any ownership interests upon you.
No ownership or copyright of any Licensed Material is transferred under this Agreement. Licensee is expressly granted no right or license, either explicitly or implicitly, except as specifically stated herein.
When Licensed Material is used in production and credits are given to other providers of licensed material, Licensee must provide credit to Licensor in the same manner given to other providers of licensed material.
Licensee must promptly notify Licensor and/or SYKY if aware of any wrongful use or suspected violation of Intellectual Property rights related to the Licensed Material by a third party.
Unless otherwise notified in writing, Licensor does not provide any warranty or rights regarding the use of names, people, trademarks, etc., depicted in the Licensed Material. Licensee is responsible for obtaining necessary releases or authorizations.
Licensee should examine all Licensed Material for defects before use. SYKY and/or Licensor are not liable for any loss or damage resulting from defects in the Licensed Material.
Licensee may be required to provide sample copies of Reproductions and Licensee Work for auditing purposes. Licensee must provide a certificate of compliance if suspected of using the Licensed Material beyond the license scope permitted under this Agreement.
Licensee must retain copyright information embedded in electronic files of the Licensed Material. Only one high-resolution backup copy is permitted for security purposes.
If Licensed Material is subject to a claim of infringement, Licensee must immediately cease use and remove the material from its premises and systems.
Unauthorized use constitutes copyright infringement. Licensor may terminate the Agreement for such breaches. Upon termination, Licensee must cease use and destroy or return the Licensed Material.
If any provision of the Agreement is found invalid, the remaining provisions remain enforceable and may be revised to maintain enforceability.
Licensee agrees to defend, indemnify, and hold harmless the Licensor and SYKY and their respective officers, directors, agents, contractors, representatives and employees from losses, damages, liabilities, court costs and expenses (including, but not limited to, attorneys' fees), arising out of or as a result of a claim, suit, demand or action relating to or arising from Licensee's use of the Licensed Material.
The Licensor and/or SYKY provide the Licensed Material on an 'as-is' basis and explicitly disclaim all warranties, including but not limited to title, non-infringement, merchantability, or fitness for any purpose whatsoever.
THE MAXIMUM LIABILITY OF SYKY AND/OR THE LICENSOR AND/OR THEIR RESPECTIVE AFFILIATES FOR ALL DAMAGES AND CAUSES OF ACTION, OR OTHERWISE, SHALL BE STRICTLY CAPPED AT $100.
The Agreement is governed by the laws of the State of New York, without regard to conflicts of laws principles. Disputes will be resolved in state or federal courts in New York, and you hereby waive the right to a trial by jury.
No action or delay by SYKY or Licensor constitutes a waiver of any provision of the Agreement unless expressly waived in writing.
Licensor may assign the Agreement without any notice to you. Licensee may not assign without the Licensor's prior written consent. The Agreement binds the parties and their successors and assigns.
You acknowledge that SYKY and its Affiliates may develop similar works based on the Provided Materials. You agree not to pursue claims of infringement against SYKY, its licensors, or their associates for such works.
For the avoidance of doubt, SYKY does not guarantee the reliability of the Site's features, content, or items for purchase. You use the Site at your own risk.
SYKY and its suppliers are not liable for any damages arising from Site use, including loss of data or profits.
Your access to the Site may be affected by network connectivity issues beyond SYKY's control. SYKY is not responsible for problems caused by your use of external networks and facilities.
Products and services described on the Site are offered only in jurisdictions where legal. The information on the Site is not an offer or solicitation where prohibited by law.