TERMS & CONDITIONS

DAVA Project is a digital artwork collection project that runs on the Ethereum and Polygon Network. The users (“you”, “your”) who purchase or own “DAVA Humanoids” and/or “DAVA Wearables” (“DAVA”) may use DAVA in accordance with this Terms of Service, and the users shall be deemed to have agreed to the use of DAVA pursuant to the terms.

DEFINITION

  • DAVA is a digital artwork collection in the form of NFTs (Non Fungible Tokens) that run on the Ethereum and Polygon network.

  • “NFT” means a token that cannot be replaced, which exists on the blockchain network.

  • “Art” means any art, graphics, images, desiigns, etc. related to an NFT that you possess in accordance with this Terms of Service.

  • “Derivative Works” means any creative works produced by means of translation, arrangement, alteration, dramatization, cinematization, etc. of an original work. However, mere copies of an Art or any alterations that do not actually change the Art do not constitute Derivative Works.

OWNERSHIP

  • Ownership of the NFT. DAVA is an NFT on the Ethereum and Polygon blockchain. When you purchase an NFT, you own the NFT completely. Ownership of the NFT is mediated entirely by the Smart Contract on the Ethereum and Polygon network, and at no point may We (DAVA Project Team) seize, restrict, or otherwise modify the ownership of any DAVA that you own.

LICENSE

  • Personal Use. Solely for the purposes and subject to your continued compliance with this Terms of Service, We grant you a worldwide, royalty-free, non-exclusive license to use the Art related to the DAVA that you own, along with any Derivative Works you create:

    • for your own personal, non-commercial use;

    • as part of a marketplace that permits the purchase and sale of your DAVA; or

    • as part of a third party website or application that permits the inclusion, involvement, or participation of your DAVA.

  • Commercial Use of Derivative Works. Subject to your continued compliance with these Terms of Service, We grant you a worldwide, royalty-free, non-exclusive license to create and use Derivative Works of the Art related to the DAVA you own (“Commercial Use”). Examples of such Commercial Use include the use of Derivative Arts for your own project, to produce and sell merchandise products (T-Shirts etc.) using Derivative Arts or displaying copies of Derivative Arts. For the sake of clarity, nothing in this Section restricts you from

    • owning or operating a marketplace that permits the general use and sale of DAVA;

    • owning or operating a third party website or application that generally permits the inclusion, involvement, or participation of DAVA; or

    • earning revenue from any of the foregoing.

  • Restrictions. Notwithstanding the foregoing, you agree that you and any third party may not engage in the following acts without our expressed prior written consent. If We confirm that you have engaged in any of the following acts, you may lose your right to use your DAVA which has been granted to you pursuant to this Terms of Service.

    • use DAVA or any related Art(including Derivative Works) in connection with texts, images, videos, or other forms of media that (i) depict hatred, intolerance, violence, cruelty, or any other behavior that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, (ii) relate to drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, (iii) denigrate or discriminate against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes, (iv) impersonate another person, infringe upon the property rights of another, including intellectual property rights, (v) encourage, promote or participate in illegal activities;

    • any other uses which may hinder any business conducted by DAVA Project Team, or damage the reputation or credibility of DAVA Project Team.

  • Intellectual Property Right. Other than the rights to the Art, nothing hereinabove gives you any rights to any other trademarks or other intellectual property rights belonging to DAVA Project Team, including, without limitation, the logos associated with DAVA and any other logos associated with the NFTs that we issue. All of these rights are expressly reserved in DAVA Project Team.

  • License Period. You may only exercise the rights that you hold under this Terms of Service while you own a DAVA. If you relinquish your ownership of DAVA by selling, transferring, donating, or through any other disposure, you may not exercise any rights under this Terms of Service from the time you relinquish your ownership and you may not use the Derivative Works you created.

RISK ASSUMPTION

  • You acknowledge and agree with the following provisions:

  • With regard to the sale of your DAVA, please note that the prices of NFTs are extremely volatile, and the fluctuations in the prices of other NFTs impact the price of your DAVA both positively and negatively. You assume all risks about purchasing and trading DAVA. Given the volatility, NFTs such as DAVA should not be considered as a financial investment instrument and do not constitute securities or derivatives pursuant to the Financial Investment Service and Capital Markets Act.

  • Ownership of a DAVA confers ownership of NFT related to the digital Art only. Accordingly, no information on this website (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, DAVA has not been registered or approved by any regulator in any jurisdiction. It remains your sole responsibility to confirm that the purchase of the DAVA and the associated Art is in compliance with laws and regulations in your jurisdiction.

  • You assume all risks associated with using an internet-based currency (including digital asset), including, but not limited to, the risks related to hardware, software and Internet connections, the risk of introducing malicious software, and the risk that third parties may obtain unauthorized access to information stored in your wallet.

  • NFTs, digital assets and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value of your DAVA. You understand and accept all risks in this regard.

  • You assume all responsibility for any adverse effects of disruptions or other issues impacting the Ethereum and Polygon networks and their platforms.

  • All NFT transactions take place on the Ethereum and Polygon blockchain. Accordingly, you are solely responsible for the safety and management of your Ethereum and Polygon wallets (private keys for the wallet, etc.) and validating all transactions and contracts generated by this website before approval. Furthermore, as the smart contract related with DAVA runs on the Ethereum and Polygon network, you cannot undo, reverse, or restore any transactions.

CHANGES TO THE TERMS OF SERVICE

  • We may make changes to this Terms of Service at our discretion. We are planning to update this Terms of Service periodically on the website, accordingly, please check this Terms of Service periodically for changes. We cannot provide you with any separate notices of these updates because there are no subscription procedures, and we do not collect your personal information.

  • The changes to this Terms of Service shall be announced seven (7) days before the date on which the amended Terms of Service becomes effective, and shall include both the previous and amended versions of the Terms of Service, the effective date, and the reasons for the amendments. Provided, however, any changes to your significant rights or obligations shall be announced thirty (30) days before the effective date in the manner prescribed above.

  • Your continued access to or use of our website after the Terms of Service have been updated will constitute your binding acceptance of the updates. If you do not agree to the amended Terms of Service, you may not access or use the website.