Terms & Conditions

Thentik SAS is a French company (Société par Actions Simplifiée) with a share capital of €95,000 (RCS Annecy 891 053 464) having its registered office 5 rue de l’Industrie, 74000 Annecy, France. The website and app services are hosted by Scaleway, with all services located within the European Union and protected by its regulations.

1. Definitions

• Buyer refers to the Scouterz who subscribe or take part to any paid plan. It also includes Purchasers of NFTs
• Collectible refers to the digital cards featuring the soft skills, archetypes or any other skills appearing on fairception. It includes individual talent card
• Fairception refers to the trade name used by Thentik SAS to provide the Services
• Guest: refers to a none registered user of the Service
• NFT refers to the non-fungible token, which represents the Collectible digital card
• Platform refers to the supports provided to ensure the effectiveness of the services, such as the websites and the Apps
• Purchaser refers to a user acquiring a fairception collectible by using one of the payment methods proposed on the website
• Registered User refers to a user of fairception website or App who has created an account to be able to use the Services
• Services refers to every service, functionalities and content accessible on the fairception Apps and Website, either as a Skillerz, a Scouterz or a guest
• Scouterz refers to the name given to users on fairception who use the Services to screen, identify and contact suitable Skillerz for a given mission, either through paid subscriptions or a free plan if criteria are met
• Skillerz refers to the name given to users on fairception who use the service to either build their profile, map their skills, develop and use their talent card, leave and receive feedback or get contacted for opportunities. It also refers to the name given to the NFTs that a Purchaser can acquire
• Terms and Conditions or (T&Cs) refers to this document. These Terms and Conditions constitute a legally binding agreement (hereinafter, the "T&Cs") between you and Thentik SAS governing your access to and use of the fairception website and Apps, and all associated Services
• Thentik refers to Thentik SAS, which is a French company (Société par Actions Simplifiée) with a share capital of €70,000 (RCS Annecy B 891 053 464) having its registered office 5 rue de l’Industrie, 74000 France
• Third-Party Services refers to the services not operated by fairception, but providing content or additional features to the Users such as payment service (such as Stripe), purchase and sale of digital assets, digital asset wallet (such as Metamask), content on players, external marketplaces of collectibles. Whether or not integrated into the Website, these services are provided under the sole responsibility of the providers who offer them. The terms of use of these services can be found on the website of the relevant service provider
• User refers to any natural person or legal person using any of the Services offered by fairception on any device, or visiting our website, whether as a registered member or as a guest
• Website refers to the website www.fairception.com including any subdomains thereof, and any other websites through which Thentik makes its Services available
• ‘’You’’, ‘’your’’, ‘’Skillerz’’, ‘’Users’’, ‘’Scouterz’’ represent the user
• ‘’We’’, ‘’Us’’, ‘’the Company’’, ‘’our’’ refers to Thentik

2. Scope & Acceptance

 

Fairception is an app and online website that enable Registered Users to map their soft skills and discover their strengths through the eyes of others. Registered Users can share their fairception profile for their own need, and can be identified for missions or jobs that suit their abilities,  personality and aspirations. Registered users can also become Scouterz and have access to a service that identifies Skillerz for a specific job or mission.

 

These T&Cs apply, without restriction or reservation, to any use of the Services offered by Thentik on any device. The account creation by the User constitutes acceptance without restriction or reservation of these T&Cs.

 

By using the Services, You represent and warrant that You meet all of the foregoing eligibility requirements, including in your country. If you do not accept nor agree to be bound by all of the terms of this Agreement, please do not use the Services.

 

Please read the Terms of Service carefully before You start to use the Services. By using the Services, purchasing a NFT, or by clicking to accept or agree to the Terms of Service when this option is made available to You, You accept and agree to be bound and abide by these T&C’s and by our Privacy Policy. If You do not want to agree to these Terms of Service, You must not access or use the Services. The Services are offered and available only to users who are 18 years of age or older.

 

3. Updates to the Terms

 

We may revise and update these Terms of Service from time to time in our sole discretion. All the changes are immediately effective as soon as we post them, and apply to all access to and use of the Services thereafter.

 

The most recent version of this Agreement will be posted on fairception.com and you should regularly check for the most recent version. The most recent version is the version that applies.

 

Your continued use of the Services following the posting of revised Terms of Service means that You accept and agree to the changes. You are expected to check this page from time to time so that You remain aware of any changes, as they are binding on You.

 

4. Accessing the Services & Account Registration

 

We reserve the right to introduce, withdraw or amend websites or App, or any content, material, product offering or other Services, in our sole discretion without notice.

We make no guarantee that the Services will be available at any time, and we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

 

To access the Services or some of fairception resources such as NFTs, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide to access the Services is correct, current, and complete. You agree that all information You provide to register for these Services or otherwise, including, but not limited to, through the use of any Purchaser-only features, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

5. Account creation and access

 

Any User can create an account on our App or Website by:

 

• providing his/her e-mail address, phone number and nationality
• choosing a (strong) password and username
• providing and verifying his/her email address
• accepting the T&Cs and the privacy policy

 

The Company shall not be held liable for the loss or theft of a password by the User, or by the resulting account impersonation or identity theft. It is the User's responsibility to take all necessary measures to secure access to the login and password of their account You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify us immediately of any breach of security or unauthorized use of Your account. You are responsible for keeping Your email address and other contact information up to date, so we can send You important notices.

We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time for example if, in our opinion, You have violated any provision of these Terms of Service.

 

For example, you may not

 

• select or use the  name of another person with the intent to impersonate that person
• use as a username, a name subject to any rights of a person other than You
• use as a username, a name that is otherwise offensive, vulgar or obscene
• register for or otherwise obtain, control or operate more than one account
• register for an account with false information, in a fraudulent manner or using information created solely for registration with us or other online services

 

We reserve the right to refuse registration of an account, or suspend or delete an account, in our sole discretion.

 

6. Account Deletion

The User may, at any time, request the deletion of his/her account through the app.

The deletion of an account may result in the irreversible deletion of all User data associated with the account, as well as the associated credits, or Collectibles stored. Thus, deletion of the account, regardless of the cause, may result in the permanent loss of Collectibles such as the Talent card or NFTs purchased with Credit card and not yet minted.

Feedback and related information left to other Users from a deleted account might continue to be stored and used by Us to ensure continuity of the Services. This will be done after anonymization of your personal data. Feedback left to other users are used to determine their own profile. Deleting them might cause the application to malfunction, become irrelevant or impact suddenly others’ profile.

 

7. Account suspension

Without excluding other coercive measures, we reserve the right to temporarily or permanently suspend, without notice and at any time, a User account in case of breach of these T&Cs by the User, if the user is suspected of fraud or in case of unfair, fraudulent, criminal or harmful behaviour, and in particular but not exclusively, in the cases referenced in the ‘Prohibited Uses’ of the T&Cs.

We have the right, but not the obligation, to ask the User to provide explanations about the account activity considered suspicious.

8. Prohibited Uses

 

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services or its content:

 

• In any way that competes with our business
• For any revenue generating endeavor or commercial enterprise
• By violating the content standards
• In any way that violates any local or international law or regulation (including, without limitation, any laws regarding the export of data or software)

 

Additionally, You agree not to:

 

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection, compilation or transmission mechanism
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Transmit any User’s login and password, including yours, to third parties
• Attempt to gain unauthorized access to, bypass any measures designed to prevent or restrict access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services
• To use the Services in any manner that could disable, restrict, overburden, damage, or impair the site or the apps with their use, features, functions, operation, or maintenance or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services or expose them to liability
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
• To impersonate or attempt to impersonate Us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing)

 

Additionally, You agree not to:

 

• Use any robot, spider, cheat utility, scraper, offline reader or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, except as may be the result of standard search engine or Internet browser usage,
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worms, logic bombs, blockchain mining programs, or other material, including spamming (continuous posting of repetitive text), or other material that is malicious or technologically harmful or that interferes with the proper working of the Services
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, Python or other code.
• Decipher, decompile, disassemble, or reverse engineer (or attempt decipher, decompile, disassemble, or reverse engineer) any of the software comprising or in any way making up a part of the Site, including data processing for generating profiles and talent card content
• Engage in unauthorized framing of or linking to the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

 

Additionally, when using the Service as a Scouterz or Skillerz, you agree not to:

 

• As Scouterz to post missions or contact Skillerz with another purpose than strictly filling the vacancy of the mission you have posted
• Fake, tweak, interfere with any responses to the questionnaires with the objective of influencing your profile, including your relationship to others
• Organise or attempt to organise several feedbacks in short period from several accounts or users in a way to influence the profile of the person who receives the feedback
• Carry out suspicious feedbacks, for example by repeating too frequently feedback to the same person or providing false information regarding your relationship with the person receiving the feedback
• Influence others in the feedback content that he/she might leave to you or others
• Breach (or attempt to breach) the anonymity of any feedbacks given by any user or received from any user
• Attempt to know the individual content of a feedback received or given or to know the specific list of users who have left a feedback to another user
• as Scouterz abuse or attempt to abuse the recruitment process, for example by proactively attempting to find out the identity of the proposed profiles before a verbal communication has occurred
• as Scouterz or Skillerz behave inappropriately or breach the content standard as highlighted in those T&Cs during the call or force the other party to reveal his/her identity

 

9. Intellectual Property Rights

 

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, NFTs, and other designs, selection, ranking processes and arrangement thereof) is the property of the Company and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

 

The trademarks, designs and/or patents which have been registered by Thentik are the exclusive property of Thentik.

 

We grant You a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services, including the Talent Card, except as follows:

 

• Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials
• You may print one copy of a reasonable number of pages of the Services for Your own personal, non-commercial use and not for further reproduction, publication, or distribution

 

You must not:

 

• Modify copies of any materials of the Services, for example the Talent Card or NFTs
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site

 

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, Your right to use the Services will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Services or any content on the Services is transferred to You.

 

Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The fairception name, marks including the fairception logo, and all related names such as Skillerz and Scouterz, logos, product and service names, designs, and slogans are trademarks of Thentik. You must not use such marks without the prior written permission of Us. All other names, logos, product and service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners.

 

10. Monitoring and Enforcement; Termination

 

We have the right to:

 

• Remove or refuse to consider any feedback given for any or no reason in our sole discretion?
• Process any feedback given or received on our platform to create a Skillerz personality profile. We process feedback based on complex analysis of data to provide the most accurate Services outcome
• Use your fairception profile to match missions proposed by Scouterz
• Propose your Skillerz’ anonymised profile to Scouterz for a proposed mission and notify you if any Scouterz would like to have a short discussion with you. You will remain anonymous even during the call unless you decide to reveal your identity. When registering to fairception, you agree to receive from time to time a mission / job description that we think would fit you. You may decide to ignore, reject or speak to the Scouterz.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

11. Content Standards

 

The platform allows users to leave/exchange content.

 

These content standards apply to any User Submissions including from Scouterz, or conversations taking place on fairception platform between Scouterz and Skillerz.

 

User Submissions or discussion must not:

 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data or other information that is not lawfully provided to us
• Be likely to deceive any person
• Promote any illegal activity, or advocate, promote, or assist any unlawful act
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
• Impersonate any person, or misrepresent Your identity or affiliation with any person or organization
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

12. Reliance on Information

 

The information presented by Us or through the Services is made available solely for general information purposes. This include information related to a user’s profile. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user (whether registered user or a guest) of the Services, or by anyone who may be informed of any of its content. The Services include content provided by other users through the feedback process. All answers or opinions expressed in these questionnaires are solely the opinions and the responsibility of the person providing this content. We process feedback received to remove bias and provide consistency among all feedback received and we share information about processed data. The information provided does not necessarily reflect the opinion of Thentik about every individual user.

 

13. Information About You and Your Use of the Services

 

All information we collect through the Services is subject to our Privacy Policy. By using the Services, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.

14. Links from the Services; Third Parties

 

If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to in the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for, and privacy policies applicable to, such websites. You will comply with, and You acknowledge that You are subject to, all terms and conditions of use for, and privacy policies applicable to, all third parties whose services interoperate with, or are otherwise accessed from, the Services.

 

15. Liability of fairception

 

1. Liability

 

Users expressly understands and agrees that access to and use of the Services is at the User's own risk, and that the Services are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, except as otherwise provided by law.

 

Thentik undertakes to implement all the necessary means to ensure the best delivery of the Services provided. However, Thentik can only be bound by an obligation of best endeavor.

In the event of failure of Thentik, it shall be liable only for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages that may result from failure or use of the Service are expressly excluded.

 

In particular, unless otherwise provided by law or regulation, Thentik shall not be held liable for:

• breakdowns or malfunctions of the Services or that are not our responsibility
• data, Collectibles losses of Users not being imputable to Thentik, in particular, but not exclusively, in the event of hacking of the User's account due to negligence in the conservation of his connection details
• an unusual or illegal use of the services offered, by a third party or by a User
• direct or indirect damage resulting from the use of the Services offered
• a malfunction or cyberattack
• the harmful consequences of an account suspension carried out under the conditions set out in these T&Cs
• The harmful consequences of sharing to a third party or another user data provided by fairception, included by not limited to the talent card
• any losses incurred by Users as a result of using the blockchain network and digital asset wallets. We have no control over the blockchain network and shall not be liable for any losses arising from the blockchain
• Users accept the security risks inherent in the provision of information, online trading on the internet and experimental technologies such as blockchains and non-fungible tokens, and agree that Thentik shall not be liable for any breach of security unless caused by gross negligence on the part of Thentik

 

16. Disclaimer of Warranties

 

User are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

To the fullest extent provided by law, fairception will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the services, the website, Apps, or any functions or items obtained through the services or to your downloading of any posted material, or on any website linked to the services. The use of the services, its content, and any functions or items obtained through the services is at the own risk the User. The services, the websites, their content, and any functions or items obtained through the services, including without limitation skillerz nfts, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

 

 

17. Limitation on Liability

 

To the fullest extent provided by law, in no event will Thentik, be liable for damages of any kind, arising out of or in connection with your use, or inability to use, the Services, the websites, Apps, any content of the services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

 

 

 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or wilful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. In no event will the total aggregate liability of fairception exceed the amount actually paid by you to fairception in the twelve months prior to the accrual of the claim. You acknowledge and agree that Thentik has made the services available to you in reliance on the limitations of liability in this section, and the disclaimer, and without such disclaimers and limitations Thentik would not be able to offer the services to you.

 

18. Indemnification

 

You agree to defend, indemnify, and hold harmless Thentik and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Service or Your use of the Services, including, but not limited to any use of the Services’ content, functions, and products other than as expressly authorized in these Terms of Service, or Your use of any information obtained from the Services.

 

2. Jurisdiction and applicable law

 

These T&Cs are governed by French law solely.

 

3. Dispute and Mediation

 

In the event of a dispute arise between Thentik and a User, the latter undertakes to inform us via our contact form taking care to specify his/her contact details and to provide any information allowing to appreciate the origin and the implications of the dispute.

 

The User can also contact the online dispute resolution service of the European Commission at the following address: ec.europa.eu/consumers/odr.

 

 

 

 

Additional Terms for Purchasers and Other Registered Users

For the Purchasers of Skillerz NFTs and other registered users (on the fairception “Platform”).

19. The fairception website

The fairception website is accessible to the general public for browsing and limited interaction. It gives Purchasers and other users the ability to purchase Skillerz NFTs. Purchasers are subject to these Additional Terms as well as to the Terms and Conditions that govern access and use of the Website by the general public.

20. Accounts and Registration

You do not need to be a registered member of fairception to become a Purchaser. You can become a Purchaser by using your credit card and share your personal details to validate the transaction with our third-party payment provider. Alternatively, You must have a valid crypto wallet such as Metamask and a valid Ethereum address to mint your NFT directly.

 

21. Use of the fairception website

By using the fairception website, You agree to:

• Use the fairception website only on Your own behalf, and not transmit or resell any information or services available through the fairception website to third parties. You may, however, resell any NFT’s You purchase on the fairception website
• Use only payment methods approved by fairception
• Not attempt to circumvent, or encourage anyone else to circumvent, the fairception T&C’s

22. Payments

• When You purchase a Skillerz NFT using your crypto wallet, Your transaction will be conducted in its entirety on the Polygon network. All sales are final and refunds will not be issued under any circumstances. Fairception has no control over such transactions or the Polygon network, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions.

You agree that all payments made through the fairception Platform are final, and You will not challenge or dispute the charge with any third party.

Your purchase of a fairception NFT, like all transactions on the Ethereum network, will require You to pay a transaction charge (“Gas Fee”) to Polygon, in addition to the stated purchase price of the Fairception NFT.

 

• When You purchase a Skillerz NFT using a payment provider

Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you. Only such data which are essential to process your order will be requested from you. Upon completion of the purchase process an invoice in electronic format will be made available by clicking on the PDF document indicated in the order confirmation email, which you agree on.

 

All purchases made through this website are subject to the Value Added Tax (VAT) at the prevailing rate on the date of sale.

Price are in EUR. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

 

23. Refund

 

All fees for NFTs purchased using a payment provider are refundable, for a full refund of the purchase price, within 14 days of purchase, with the exception of those NFT’s purchased with crypto.

However, once an NFTs goes live on the blockchain and is transferred to your control (that is, to your crypto-wallet, alterable or transferrable only via a private key you personally hold), it is 100% under your own ownership and custody. We will not be able to refund your purchase funds or repossess the domain name.

 

 

4. Modifications and Terminations

Without limitation of our other rights, we may introduce, remove or modify any content, materials, features, pricing or other elements of the fairception platform at any time in our sole discretion, without notice. We may also terminate the fairception Platform at any time in our sole discretion, without notice. You shall not retain any rights that may have arisen prior to modification or termination, except to the extent expressly required by applicable law.

24. Disclaimers and Assumption of Risk

 

5. A. Disclaimers:

Tthe fairception platform is provided “as is” without warranties of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Fairception makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the Fairception platform. Any reliance on or use of such materials shall be at your sole risk, including without limitation the risk of financial loss or gain through secondary trading of Skillerz nfts or financial loss.

 

6. B. Assumption of risk:

You acknowledge and agree that the resale value of Skillerz NFTs, like all NFTs, is volatile, speculative and subject to fluctuation, and that your Skillerz nft should therefore not be considered an investment, and you do not consider it an investment. You agree to assume all risk associated with any change in the value of your Skillerz  nft. You acknowledge and agree that you assume all risks associated with your use of the ethereum network, including without limitation risks posed by disruptions to service, hardware and software failures, internet connection failures, malware, and unauthorized access to your wallet by third parties. You acknowledge and agree that no information or content on the Skillerz site or Skillerz platform is advice or an invitation to enter into an agreement for any investment purpose. Fairception has not been registered or approved by any financial regulator. You acknowledge and agree that you are solely responsible for ensuring that your purchase of Skillerz nfts is in compliance with applicable law. You acknowledge and agree that new governmental or financial-industry regulations could affect the value of your Skillerz nft or your ability to resell it, and you assume all risks associated therewith.

 

 

25. NFT License

The license below governs Your rights with respect to any NFTs You purchase through the fairception website.

7. Definitions

“Art” means any art, design, drawing, or other pictorial or graphic work of authorship that may be associated with an NFT that You Own. "NFT" means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard. “Own” means, with respect to an NFT, an NFT that You have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain. “Ownership” means the legal status of a person or entity that Owns a Purchased NFT.

8. Ownership

You acknowledge and agree that Creator (or, as applicable, its licensors) owns all worldwide legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that You have in and to the Art are limited to those described in this License. Creator reserves all rights in and to the Art not expressly granted to You in this License.

1. License

General Use. Subject to and conditioned upon Your continued compliance with the terms of this License, Creator grants You a worldwide, non-exclusive, royalty-free license to use, copy, and display the Art associated with Your Purchased NFTs, along with any Extensions 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 purchase and sale of Your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art;

10. Commercial Use

Subject to and conditioned upon Your continued compliance with the terms of this License, Creator grants You a limited, worldwide, non-exclusive, license to use, copy, and display the Art associated with Your Purchased NFTs for the purpose of creating derivative works based upon the Art and commercializing Your own merchandise that includes, contains, or consists of the Art associated with Your Purchased NFTs or derivative works of such Art (“Commercial Use”). For the sake of clarity, nothing will be deemed to restrict You from (i) owning or operating a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third party website or application cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.

11. Restrictions

You agree not to use the Art associated with Your Purchased NFTs 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.

50. Terms of License

The License granted above applies only to the extent that You continue to Own the applicable Purchased NFT. If at any time You sell, trade, donate, give away, or otherwise transfer Ownership of Your Purchased NFT for any reason, the License granted will immediately be

 

 

 

transferred to the new Owner with respect to that NFT, and You will have no further rights in or to the Art associated with that NFT. If You exceed the scope of the license grant without entering into a broader license agreement with or obtaining an exemption from Creator, You acknowledge and agree that: (i) You are in breach of this License; (ii) in addition to any remedies that may be available to Creator at law or in equity, the Creator may immediately terminate this License, without the requirement of notice; and (iii) You will be responsible to reimburse Creator for any costs and expenses incurred by Creator during the course of enforcing the terms of this License against You.