Terms Of Service

Illegal Memes is an art project featuring a collection of unique digital collectibles, represented by non-fungible tokens (NFTs) or BTC Ordinal Inscriptions, minted by a smart contract deployed to the Ethereum blockchain or inscribed on the Bitcoin blockchain. Each Illegal Memes NFT is associated with a piece of digital art that embodies the creative and/or satirical spirit of the Illegal Memes project.

The Illegal Memes website primarily provides information about Illegal Memes Projects and offers users access to generate, purchase, mint or inscribe various Illegal Memes related art and projects. However, users are solely responsible for ensuring the security and management of their personal blockchain wallets and verifying all transactions generated by this website. Blockchain wallets (Ethereum, Bitcoin etc) are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. IN CASE OF ERC721 TOKENS OR BITCOIN INSCRIPTIONS, OUR SMART CONTRACTS OR INSCRIPTION SERVICES OPERATE ON THE ETHEREUM OR BITCOIN NETWORK, HENCE THERE IS NO ABILITY TO UNDO, REVERSE, OR RESTORE ANY TRANSACTIONS INVOLVING OUR NFTs OR INSCRIPTIONS.

These terms ("Terms") are a legally binding agreement by and between Illegal Memes. ('Illegal Memes', 'Avocato', 'SkullCat', 'I', 'we' or 'us'), and any owner of a Illegal Memes related NFT or Inscription ("you" or "Owner") governing the parties’ rights and obligations with respect to Illegal Memes related NFTs, Inscriptions and Illegal Memes Art.

NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: BY ACCEPTING THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND IllEGAL MEMES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 10 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 12 (GOVERNING LAW AND FORUM CHOICE) AND RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY. YOU ALSO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

Definitions:

Illegal Memes NFT. The term "Illegal Memes NFT" refers to all non-fungible tokens and digital assets directly associated with original collections and artwork from the Illegal Memes or Illegal Meme projects, regardless of the blockchain on which they are issued. This includes, but is not limited to, NFTs issued on various blockchain platforms and Bitcoin Ordinal Inscriptions on the Bitcoin blockchain.

CopyPasta Counterfeit Collections. Separate from Illegal Memes NFTs, "CopyPasta Counterfeit Collections" refer to those non-fungible tokens and digital assets that are derived from, inspired by, or otherwise based on pre-existing works. These collections are subject to different ownership and intellectual property rights, reflecting their derivative nature.

1. Ownership

a. Ownership of Your Illegal Memes Digital Assets. You Own Your Illegal Memes NFT. When you own a digital wallet that holds a Illegal Memes NFT, as recorded by the Illegal Memes NFT Contracts or Bitcoin Inscriptions first issued by Illegal Memes, you hold the exclusive right to hold, sell, transfer, and execute blockchain transactions involving that Illegal Memes NFT ("Your Illegal Memes NFT"). Except for the Illegal Memes NFTs we own, Illegal Memes has no right or ability to seize, freeze, or otherwise modify the ownership of any Illegal Memes NFT.

b. Intellectual Property in Illegal Memes NFT. We Own (but License to You) the IP in Your Illegal Memes NFT Art. Illegal Memes owns all rights, title, and interest in and to the Illegal Memes NFT art including any and all copyrights, trademarks, and other intellectual property rights therein ("IP"). However, we grant you the License (defined below) to use the Illegal Memes NFT Art associated with Your Illegal Memes NFT ("Your Illegal Memes NFT Art") for as long as you hold Your Illegal Memes NFT.

c. Your Rights in Derivative Works of Your Illegal Memes Art. You Own the IP in Your Derivative Illegal Memes NFT Art Works. As between you and Illegal Memes, you own all rights, title and interest in and to any "derivative work," as defined by the United States Copyright Act, based upon Your Illegal Memes NFT Art created during the License Term (defined below) ("Derivative Illegal Memes NFT Art Work"); provided, however, that (i) we retain the copyright in the Illegal Memes NFT Art underlying any Derivative Illegal Memes NFT Art Work; (ii) your use of any Derivative Illegal Memes NFT Art Work during and after the License Term is subject to these Terms; and (iii) your use of any Derivative Illegal Memes NFT Art Work after the License Term may require a license from the current owner of the Illegal Memes NFT.

d. Ownership and IP in CopyPasta Counterfeit Collections. For Copy-Paste Collections, which are derivative or inspired by existing works, the original creators retain all intellectual property rights. Users who generate or interact with these derivative works ("Your Counterfeit Illegal Memes Art") acknowledge and agree that ownership and IP rights of the original works remain with their respective creators. Users are granted a limited license to use Your Counterfeit Illegal Memes Art for personal, non-commercial purposes. Any commercial use may require additional permissions from the original IP owners.

e. Ownership and IP in Non-minted Artwork. Illegal Memes provides various artwork builders that enable users to create digital artwork. While Illegal Memes retains all rights, title, and interest in and to the art generated using these builders, including any and all copyrights, trademarks, and other intellectual property rights therein ("IP"), we grant users a limited, non-exclusive, non-transferable license to use the generated art ("Your Generated Illegal Memes Art") for personal, non-commercial purposes. This license allows for the use of Your Generated Illegal Memes Art in a non-commercial capacity, such as for personal display or enjoyment. Commercial use, including any form of reproduction, sale, or incorporation of Your Generated Illegal Memes Art into commercial products or services, is strictly prohibited unless explicitly authorized by Illegal Memes. This license is contingent upon your compliance with these Terms and does not confer any ownership rights in Your Generated Illegal Memes Art.

f. Utility. Owners may be offered utility, benefits, or entitlements (collectively,"Utility") from time to time, but these Terms do not confer any Utility except as granted by the License. Illegal Memes makes no assurances of any Utility. Any Utility may be subject to other terms and conditions. Illegal Memes will not be responsible in any manner for any Utility offered by any third party.

2. License

a. License Grant. Upon your lawful acquisition of an Illegal Memes NFT and for as long as you hold it (as recorded by the relevant blockchain), Illegal Memes grants you a broad, exclusive, worldwide, royalty-free license to use the associated Illegal Memes NFT Art ("License"). This License allows you to use your Illegal Memes NFT Art both commercially and non-commercially in any media, current or future, but with certain restrictions as outlined below.

b. License Limitations and Restrictions.
(i) Scope of License: The License applies to the entirety of your Illegal Memes NFT Art — meaning the complete combination of all its elements. While you can create derivative works based on your Illegal Memes NFT Art, you cannot use individual elements (like specific features or accessories) separately in other works.

(ii) Trademark Restrictions: The License does not include rights to any of Illegal Memes’ trademarks or brand elements. Any trademarks or similar rights that you might claim in your Illegal Memes NFT Art through its use will automatically be assigned to Illegal Memes.

(iii) Trademark Registration: If you wish to register a trademark based on your Illegal Memes NFT Art, you must do so during the License Term and only based on actual use in commerce for relevant goods or services. Intent-to-use trademark applications or those not based on actual use are not permitted.

(iv) Prohibited Uses: You may not use your Illegal Memes NFT Art in any way that promotes hate, violence, or illegal activities, or in any manner that violates applicable laws.

(v) Reservation of Rights: All rights not explicitly granted to you are reserved by Illegal Memes.

3. Enforcement

a. License Grant. When using your Illegal Memes NFT Art, you can include a copyright notice like this: "Illegal Memes © [Year] Illegal Memes." If you create something new based on your Illegal Memes NFT Art (a derivative work), you can put your own copyright notice on it, but make sure to also include the Illegal Memes copyright notice.

b. Copyright Registrations. If you want to register your Illegal Memes NFT Art for copyright, you need to list "Illegal Memes" as the copyright owner. For any new works you create based on your Illegal Memes NFT Art (derivative works), you can name yourself or someone else as the copyright owner. However, you should also mention that your work is based on the original Illegal Memes NFT Art.

c. Legal Actions for Infringement. If someone uses your Illegal Memes NFT Art without permission, and the law allows you to take action, your claim should focus only on the specific use of your Illegal Memes NFT Art. Illegal Memes can decide to join in on your legal action and might take over handling the case unless it would materially prejudice your rights.

d. Disputes Among Owners. If there are any disagreements between owners of Illegal Memes NFTs, Illegal Memes is not obligated to get involved or help resolve these disputes.

4. Transfers

a. License and Ownership Together. When you have an Illegal Memes NFT, the rights to use the associated art (the "License") go along with it. You can't separate the NFT from its License. If you sell or give away your NFT, the License goes with it to the new owner.

b. What Happens When You Transfer Your NFT. If you transfer your Illegal Memes NFT to someone else:

  • Your rights to use the art (License) end immediately.

  • You must stop using the art as a trademark or brand.

  • If you registered a trademark based on the art, you should consider it abandoned, unless you've made a separate deal to transfer it to the new NFT owner.

c. Using Art in Publicly Released Works. If you've used the art in any publicly released work (like a digital series or merchandise) while you owned the NFT

  • You can keep using that specific work as it is, even after you transfer the NFT, but you're responsible for any legal issues that come up from continuing to use it.

  • However, you can't make new works or materials with the art once you no longer own the NFT. For example:

    • A digital series featuring the art that started while you owned the NFT can keep going, but you can't make new episodes with the art unless you get permission from the new owner.

    • You can sell any remaining merchandise you made with the art while you owned the NFT, but making or selling new merchandise with the art would require permission from the new owner.

5. Owner's Representations and Warranties.

When you own an Illegal Memes NFT, you represent and warrant that:

a. You are at least the age of majority and have the legal ability to agree to these Terms.

b. You will use and interact with your Illegal Memes NFT and the associated art following these Terms.

c. You will comply with all laws that apply to your use of the Illegal Memes NFT and art. You also promise not to infringe on the rights of Illegal Memes, its licensors, or any third party through your use of the NFT or art.

6. No Guarantees Given (Warranty Disclaimers)

a. Illegal Memes NFTs and Art "As Is". All Illegal Memes NFTs and associated digital art are provided "as is" and "as available." This means Illegal Memes doesn't promise that they'll meet your specific needs or expectations. We explicitly say no to all warranties, whether they're spoken or implied, including any warranties of being fit for a particular purpose, being of satisfactory quality, not violating someone else's rights, and any warranties that could arise from how they're normally used or traded.

b. Nature of NFTs. An Illegal Memes NFT is a digital item that you can only own because it's recorded on the blockchain. All transfers of NFT ownership happen on this blockchain, which is beyond Illegal Memes' control.

c. Not Responsible for Losses. Illegal Memes won't be held responsible for any losses related to the NFTs or digital art. This includes losses from:
(i) Mistakes you make, like forgetting passwords, entering wrong transaction details, or sending NFTs to the wrong wallet address.
(ii) Issues with software or hardware.
(iii) Losing data or corrupting files.
(iv) Problems with blockchain networks or wallets.
(v) Someone accessing your NFTs or art without your permission.
(vi) Actions or failures to act by third parties.

7. Understanding the Risks You Take

As an owner or user of Illegal Memes NFTs and associated art, you need to acknowledge and accept the risks involved:

a. Research Before Buying. Illegal Memes NFTs and its associated art can be used in many ways. It's really important to do your homework and understand how these NFTs have been used before, as past uses might impact their value. Remember, buying an Illegal Memes NFT is something you do at your own risk. We at Illegal Memes can't help you verify or provide details on how each NFT or its art has been used previously.

b. Taxes Are Your Responsibility. If there are any taxes involved when you buy, sell, or transfer an Illegal Memes NFT, figuring out and paying those taxes is totally up to you. We don't handle that for you.

c. Third-Party Platforms and Marketplaces. Dealing with Illegal Memes NFTs and art often means using platforms, systems, or marketplaces that others run – we don't control or manage these. If we provide links to any third-party sites or resources, it's just for convenience, and we're not in charge of what they offer or show.

8. Indemnity

You as an owner shall defend, indemnify, and hold Illegal Memes, its licensors, affiliates, representatives, and service providers, and each of them, and all of their respective officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, seflements, interest, expenses, and other similar results or occurrences (including attorneys' fees) that directly or indirectly arise from, or are related to or in connection with, any claim, suit, action, demand, or proceeding or other similar occurrence, process, or activity that is initiated, made, brought, or financed by a third party (including any person who accesses or transacts using any Illegal Memes NFT or Illegal Memes Art, whether or not such person personally purchased a Illegal Memes NFT) against the Indemnified Parties, or on account of the investigation, defense, or settlement thereof, arising out of, related to, or in connection with: (a) your access to or use of any NFT marketplace or third-party services or products; (b) your breach or alleged breach of these Terms; (c) your exercise or attempted exercise of the License; or(d) your actual or alleged violation of applicable law. Counsel to be used in the defense of such claim must be approved by Illegal Memes in writting prior to retention of such counsel and, upon our request, you will allow us to participate in the defense of any such claims. You will not enter into any settlement or compromise of any claim or litigation or that includes an admission of liability without our prior written consent.

9. Limitation Of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INDEMNIFIED PARTY WILLBE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OR INTERACT WITH ANY ILLEGAL MEMES NFT OR ILLEGAL MEMES ART,WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ILLEGAL MEMES OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ANY INDEMNIFIED PARTY'S CUMULATIVE LIABILITY HEREUNDER FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED $100.

(b) BY PURCHASING OR OWNING A ILLEGAL MEMES NFT, OWNER ACKNOWLEDGES THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ILLEGAL MEMES AND OWNER.

10. Dispute Resolution

(a) Mandatory Arbitration of Disputes. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Illegal Memes NFT or Illegal Memes Art (“Dispute”) must be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. Each party waives the right to a trial in court and/or by a jury. This arbitration provision shall survive any termination of the License or these Terms.

(b) Exceptions. As a limited exception to Section 10(a) above: (i) the parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin)the infringement or misappropriation of its intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules(the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where one lives, with provision to be made for remote appearances to the maximum extent permifed by the AAA rules, unless the parties both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of these Terms.

(d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and Illegal Memes won't seek to recover the administration and arbitrator fees for which Illegal Memes is responsible unless the arbitrator finds your Dispute is frivolous. If Illegal Memes prevails in arbitration, Illegal Memes will pay all of its attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to to an award of attorneys' fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 10(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Illegal Memes prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration

(f) YOU AND ILLEGAL MEMES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with a party's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable then the entirety of this Dispute Resolution section shall be null and void.

(g)Severability. With the exception of any of the provisions in Section 10(f) (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

11. Amendments

Illegal Memes reserves the right to clarify or amend these Terms by publicly publishing a new version of them, including, but not limited to, on https://illegalmemes.wtf, or any successor website

12. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 10 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined above) will be the state and federal courts located in the State and City of New York, and you and Illegal Memes each waive any objection to jurisdiction and venue in such courts.

13. Miscellaneous

(a) The License applies only to the Illegal Memes NFT on the blockchain that Illegal Memes, in its sole discretion, may designate, which designation shall apply retroactively. Thus, for example, if a fork or other event purports to result in duplicate Illegal Memes NFTs, only the Illegal Memes NFTs recorded on the blockchain designated by Illegal Memes will be eligible to receive the benefit of the License. Any license purportedly granted hereunder to the owner of a non-fungible token recorded on a blockchain not designated by Illegal Memes is void ab initio.

(b) These Terms will transfer and be binding upon and will inure to the benefit of the parties and their permitted successors and assigns.

(c) These Terms constitute the entire agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of these Terms, all of which are hereby merged into these Terms. Without limitation, the terms of any other document, publication, course of dealing, or course of trade will not modify these Terms, except as expressly provided in Sections 11 or 13(a) or as the parties may agree in writtng.

(d) Failure to promptly enforce a provision of these Terms or any rights related to the Illegal Memes NFT or Illegal Memes Art will not be construed as a waiver of such provision or rights.

(e) Nothing contained in these Terms will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither party is, by virtue of these Terms or otherwise, authorized as an agent or legal representative of the otherparty. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf or in the name of the other party. Nothing contained in these Terms will be deemed to create any third-party beneficiary right upon any third party whatsoever.

(f) The partues shall execute and deliver to the other party any and all such other instruments in reasonable mutually acceptable form and substance and shall take anyand all such other actions as may be reasonably necessary to carry the intent of these Terms into full force and effect.

(g) If any one or more of the provisions of these Terms should be ruled wholly or partly invalid or unenforceable, then the provisions held invalid or unenforceable will be deemed amended, and the arbitrator, court, or other government body is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the parties' intent as manifested herein.

(h) The headings to sections of these Terms are for convenience or reference only and do not form a part of these Terms and will not in any way affect its interpretation.

(i) Neither party will be afforded or denied preference in the construction of these Terms, whether by virtue of being the drafter or otherwise.

(j) For purposes of these Terms, the words and phrases “include,” “includes,”“including,” and “such as” are deemed to be followed by the words “without limitation”.

(k) Owner may give notice to Illegal Memes by contacting Illegal Memes at [email protected]. Notice is effective upon receipt.

(l) The parties have agreed to contract electronically and, accordingly, electronic signatures or any other forms of acceptance permitted by law, will be given the same effect and weight as original signatures

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