T&C of Purchase
“Creator or Licensor” DeaPlaneta S.L.U., with domicile at Avenida Diagonal 662-664 - 08034 Barcelona, NIF B62395918, owner of the IP rights over the Digital Collectibles.
"Digital Collectible" means any token initially offered on the Platform with blockchain tracking, such as those compliant with the ERC-721 and ERC-1155 standard or on a successor standard to the Ethereum Blockchain, but which may also be based on other equivalent or to be equivalent technology standards. At the same time, it is not structured as a security within the meaning of the EU Markets in Financial Instruments Directive nor is it used for investment purposes.
“Platform” means the rebeldewaynft.com website and other applications to be designed, where you can buy the Digital Collectibles of the Rebelde Way audio-visual series
"Third-Party IP Rights" means any copyrights owned by third parties (including, but not limited to, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world, as well as any image rights.
You acknowledge and agree that the Creator or Licensor owns all rights to which it is entitled as the owner of the intellectual property rights in the Digital Collectible, including both economic exploitation rights, moral rights, title and interest. Your rights in the Digital Collectible are limited to those described in these T&C of Purchase. The Creator or Licensor reserves all rights in the Digital Collectible that are not expressly granted to you in these T&C of Purchase.
With the purchase of a Digital Collectible you acknowledge and agree that you are acquiring a license with respect to the Digital Collectible you have purchased solely for your personal use and subject to your continued compliance with the terms of these T&C of Purchase. The Creator or Licensor grants you a worldwide, non-exclusive, royalty-free license (except for the sales commission) to view, download and display your Digital Collectible, solely for the following purposes: (i) for your own personal use; (ii) for display and offering on Opensea.io, allowing you to sell, give or auction your Digital Collectible, being cryptographically verified your ownership of the right of use granted under this license as well as any future transmissions made thereof; or (iii) for display and sale on third party platforms such as Opensea.io, you will bear any costs (Gas fees) for the export of your Digital Collectible to such platforms.
You expressly acknowledge that commercial use is not permitted, other than for the sale, auction or giveaway of the Digital Collectible through Opensea.io.
You agree that you may not do or permit any third party to do or attempt to do any of the following without the express prior written consent of the Creator or Licensor in each case: (i) modify your Digital Collectible in any way, including, without limitation, the shapes, designs, drawings, attributes or colour schemes; (ii) use your Digital Collectible to advertise, market or sell any of your own or any third party’s products or services; (iii) use your Digital Collectible in connection with images, videos or other media depicting hate, bigotry, violence, cruelty or anything else that may reasonably constitute hate speech or that infringes the rights of third parties; (iv) use your Digital Collectible in films, videos or any other media, except to the extent such use is expressly permitted in Section 3 above or is solely for your personal, and non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, give away in the hope of eventual commercial gain), or otherwise market merchandise that includes, contains or consists of your Digital Collectible, except as expressly permitted in Section 3 above; or (vi) attempt to register trademarks, copyrights or acquire intellectual property rights in your Digital Collectible. To the extent that your Owned NFT contains Third Party Intellectual Property (e.g., intellectual property licensed from a celebrity, athlete or other public figure), you understand and agree as follows: that you will not have the right to use such Third-Party IP Rights in any manner, except as incorporated into the Digital Collectible, and subject to the license and restrictions contained herein.
5. License terms.
The license granted in Section 3 above applies only to the extent that you continue to own the applicable Digital Collectible. If at any time, you sell, exchange, donate, gift, transfer or otherwise dispose of your Digital Collectible for any reason, the license granted in Section 3 above will automatically transfer, with respect to that Digital Collectible to the new owner and you will cease to have any rights in the Digital Collectible. If you sell the Digital Collectible to any third party on the Platform, 11% of the sale price will be retained by you as the Creator’s or Licensor’s commission, in addition to any additional commissions that may apply in Opensea.io.
You agree and acknowledge that when exporting your Digital Collectible to platforms other than Opensea.io you may be charged GAS fees, for which the Creator or Licensor is not responsible.
6. Jurisdiction and applicable law.
For all matters related to the interpretation, compliance and execution of this License, the parties submit to the jurisdiction and competence of the courts of Madrid (Spain), expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.