TERMS OF SALE
Puffy Nation is selling NFTs as a membership to aa collective narrative project. In exchange for payment, the buyer is granted a NFT. The purchase of the NFT does not grant any profit-sharing interest or equity in Puffy Nation, ownership of intellectual property, or any other rights.
Collector must link a Web3 Wallet (MetaMask, Fortmatic, WalletConnect) to the Website and use Ethereum (ETH) cryptocurrency or Solana from your Web3 Wallet to complete your purchase.
Puffy Nation will have no insight into or control over these payments or transactions. We cannot reverse any transactions. With this in mind, Puffy Nation will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website, or using the smart contracts, or any other transactions that you conduct via the Ethereum network or a Web3 Wallet.
The NFT buyer is responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order.
The NFT buyer represents and warrants that any purchase of an NFT by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, or for use as a substitute for currency or other medium of exchange.
Puffy Nation owns the name and mark and other intellectual property and proprietary technologies that constitute the public face of the brand. Intellectual property and proprietary technologies owned by Puffy Nation include, but are not limited to: Puffy Nation smart contracts, logos, trademarks, product names, service marks, and copyrightable works, including but not limited to content of its internet sites, user interface, and metadata for each of the collections.
VII. RIGHT TO PERSONAL USE
Puffy Nation grants to the Collector a worldwide non-exclusive, assignable, perpetual, and royalty-free license to display the NFT solely for non-commercial purposes, given that such display right may only be assigned to a subsequent Collector of the NFT simultaneously with the transfer of ownership of the NFT and this Agreement. The NFTs also cannot be used to prescribe any hate groups, racism, sexism and discrimination.
Example: You can print and sell t-shirts as long as 1) you are the current owner. 2) said merchandise does not mention Puffies, Puffy nation and does not promote violence, hate or prejudice.
VIII. DERIVATIVE RIGHTS
Puffy Nation grants to the Collector full commercial license to use the underlying artwork in the purchased Deadfellaz NFT for creating derivative works. This permits the Collector to produce commercial products, but not to use the “Puffy Nation ” name or anything derivative of that name or PN logo in relation to that product. NFT buyer may identify commercial products with the Puffy Nation token ID to signify ownership of the purchased NFT.
The Derivative Rights are effective so long as the Collector owns that same purchased Deadfellaz NFT at the time of the derivative’s creation.
A subsequent Collector is not entitled to ownership of derivatives produced by a previous Collector.
Example: I buy Puffie #433. I make t-shirts. I sell Puffie #433. The new owner cannot claim the t-shirts I made when I was the owner. But I also cannot generate any more t-shirts using Puffie #433 as I am no longer the current owner.
The Collector agrees to not use the purchased Deadfellaz NFT in a derivative work that depicts or encourages illegal acts, or involves pornography, racism, obscenity, violence, libel, or slander.
By purchasing a Puffy Nation NFT, the Collector acknowledges and agrees that these Terms are binding on subsequent Puffy Nation NFT collectors and any succeeding collectors, causing all buyers and colletors of these purchased Puffy Nation NFTs to be subject to these Terms.
XI. RULES OF CONDUCT
As apart of using the Deadfellaz website, Collector agrees to not:
Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software created by the Puffy Nation team.
Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of other collectors.
Infringe on the intellectual property rights of Puffy Nation artists.
Do anything that infringes on the rights of Puffy Nation or a third party.
XII. ASSUMPTION OF RISK
Website transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart contract and blockchain technology, including NFTs, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. NFT Buyer acknowledges and agrees that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”) which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your cryptocurrency or NFT, or lost opportunities to buy or sell NFTs.
XIII. DISCLAIMER OF WARRANTIES
This website and content are provided 'as is' and 'as available' without warranty. By using this website, the buyer accepts sole responsibility for any and all transactions involving Puffy Nation NFT collectibles.
XIV. LIMITATION OF LIABILITY
NFT buyer/collector agrees to hold us, our affiliated and related companies, and each of their respective directors, shareholders, officers, employees, contractors, representatives, licensees and assigns, harmless from any losses, damages, claims, costs and expenses you may incur as a consequence of minting / attempted minting or transferring minted Puffy Nation NFT to your wallet.
XV. DISPUTE RESOLUTION
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. NFT buyer/collector agrees to waive any class action status, class arbitration, or any other type of representative proceeding. If a dispute between Puffy Nationand collector arises, then the dispute shall be determined and resolved by binding arbitration in Beziers, France in accordance with the commercial rules of arbitration (“rules”) of the judicial arbitration and mediation services (“jams”) before one arbitrator applying the laws of the state of France. The arbitrator shall be selected by the procedures prescribed by the jams rules. Any award rendered by the arbitrator shall be final and binding upon deadfellaz and collector, and judgment thereof may be entered in any court having jurisdiction thereof. The costs shall be borne by the party that initiates arbitration.
Puffy Nation will not collect any cookies, IP addresses, or Collector data in connection with your use of the Website. However, the NFT buyer/collector also understands that the Ethereum network is a public blockchain and all of your transaction history--ie buy and sell amount and time) initiated through the Website will be made public.
The NFT buyer/collector understands Puffy Nation may work with third-party applications that do collect data, such as Discord, Collab.Land, or MetaLink for NFT holder verifications or giveaways.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms.
XVIII. GOVERNING LAW
These Terms will be governed exclusively by the laws of France without regard to its conflicts of laws provisions that would cause the application of the laws of any other jurisdiction. Any dispute between Puffy nation and Collector that is not subject to arbitration will be resolved in the state or federal courts located in France. NFT buyer/ Collector understands and agrees that your use of the Website as contemplated by these Terms shall be deemed to have occurred in France. Collector consents to the jurisdiction of the French court, agrees to accept service of process by mail, and waives any jurisdictional or venue defenses otherwise available.