Legacy legal archive

Legacy NFT terms

The licence terms retained for people who acquired an Architecture Social NFT under the collection offering.

Last updated
31 December 2021
Organisation
Architecture Social Limited
Company number
10430707
01

Status of this document

These terms applied to NFTs acquired as part of Architecture Social's collection offering. The offering is not presented as a current V3 service.

The original agreement incorporated the OpenSea and NiftyKit terms that applied to the purchase. Existing holders should retain their transaction records and consult the complete original wording linked above.

02

Definitions

The agreement defined the associated art, Architecture Social name and likeness, NFT, licensed rights, licensed NFT and third-party intellectual property. A licensed NFT was a token acquired from a legitimate source with ownership recorded on the relevant blockchain.

03

Ownership, licence and transfers

Architecture Social or its licensors retained ownership of the art, name, likeness and related intellectual property. The holder received a worldwide, non-exclusive, royalty-free licence to display the art for personal, non-commercial use while they remained the rightful holder and complied with the agreement.

Transfers were permitted only where the transferee accepted the incorporated terms, the holder had not breached them, the licence had not ended, contact information was supplied, and the stated 10% royalty on relevant transfer amounts was paid to Architecture Social in addition to platform fees.

04

Restrictions

Without written permission, the agreement prohibited modification of the art; use in advertising or commercial products; merchandising; commercial media use; attempts to register additional intellectual-property rights; and uses involving hate, discrimination, violence, pornography, weapons, illegal activity or infringement.

Third-party intellectual property remained subject to the rights and additional restrictions imposed by its owner.

05

Termination of the licence

Licensed rights ended automatically on an unauthorised disposal or transfer, breach of the agreement or incorporated platform terms, insolvency events, unlawful business activity connected with the NFT, or specified legal action against Architecture Social and related parties.

06

Warranties and liability

The NFTs were provided “as is” and “as available”. The agreement disclaimed warranties to the fullest extent permitted by law and limited liability for direct, indirect, consequential and technology-related loss.

The stated aggregate liability cap was 10% of the sum paid directly to Architecture Social for the applicable licensed NFT, except where a limitation could not lawfully apply.

07

Assumption of risk

The holder accepted risks including:

  • market volatility and loss of value;
  • hardware, software, internet, wallet and custodial failures;
  • loss of private keys, hacking, fraud and blockchain attacks;
  • changes, forks or failure of Ethereum and related services;
  • third-party platform availability and data handling;
  • regulatory and tax changes; and
  • transactions with third parties on a secondary market.

Architecture Social did not promise continued hosting, availability, value or error-free technology.

08

Governing law and changes

The agreement stated that United Kingdom law governed the terms. Updates were to be published on the website with a revised date, and continued use after an update constituted acceptance where applicable.

09

Eligibility

Participation was limited to people able and authorised to enter the agreement, lawfully holding the currency used and aged 18 or over. Credentials could not be shared with another person.

10

Indemnity

The original agreement required the holder to indemnify Architecture Social and related parties for claims, losses and costs arising from breach, unlawful conduct, third-party-rights infringement or the holder's activities connected with the offering or licensed NFT. Consult the complete source wording for the exact scope.

11

Translation, tax and severability

The English version controlled over any translation. The holder was responsible for applicable tax, including VAT, sales or equivalent taxes arising from a transaction.

If a provision was invalid or unenforceable in a jurisdiction, the remaining provisions were intended to continue.

12

Contact

Questions, concerns or alternative-format requests can be sent to hello@architecturesocial.com.