The non-fungible tokens ('NFTs" in the plural or "NFT" in the singular) that are part of either the Founder Series: T206 'Big Tobacco' NFTs or the 4BK Promotional NFT Collection are unique collectibles with proof of ownership stored on either the Ethereum blockchain or Polygon blockchain.  

 

For those who own any NFTs that are part of either the Founder Series: T206 'Big Tobacco' NFTs or the 4BK Promotional NFT Collection, this agreement gives those owners a copyright license to use and display their NFT.  Only the current NFT owner receives this license.  

 

NFTs that are part of either of the above-referenced collections are not an investment.  They are experimental digital art. This website and any of its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any an all transactions and use. 

 

You affirm that you are over the age of 18, as this website is not intended for those under the age of 18.

IF THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE TERMS, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE WEBSITE. 

 

Definitions

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“4BK” or "4BaseKnock" means 4BaseKnock, LLC, a Delaware limited liability company. 

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"4BK NFT" means any NFT that is part of either the Founder Series: T206 'Big Tobacco' NFTs or the 4BK Promotional NFT Collection. This includes all future NFTs that are hereafter created, minted, and added to either the Founder Series: T206 'Big Tobacco' NFTs or the 4BK Promotional NFT Collection.

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"Owner" means the person who has cryptographic proof of ownership reflected in the smart contract of any 4BK NFT that is part of either the Founder Series: T206 'Big Tobacco' NFTs or the 4BK Promotional NFT Collection.  Ownership of the 4BK NFT is mediated entirely by the Smart Contract and the Ethereum Network and/or Polygon Network. 

 

License Agreement 

 

Grant of Rights. 4BK hereby grants to Owner a non-transferable, worldwide license (the "4BK NFT License") to use, reproduce, and display motion videos and/or still images of the Owner's 4BK NFT through all media now known or hereinafter developed, for:  

1.  Personal use, which shall also include displaying for sale on any NFT marketplace; and,

2. Commercial use, which shall allow Owner to produce and make merchandise products (e.g. t-shirts), to display the Owner's 4BK NFT, to own and operate a marketplace for Owner's 4BK NFTs and other 4BK NFTs in general, to own and operate a website to promote Owner's 4BK NFT and other 4BK NFTs in general, and to receive revenue from any of the foregoing.   

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Exclusive Right to Owner.  If any user profile for Owner allows a .GIF, or other looping video file, to serve as an avatar, then the Owner has the exclusive right to display any of the Owner's single-edition (1/1) 4BK NFTs as their avatar.  However, this exclusive right only applies if it is possible to display enough of the tobacco advertising back to specifically identify it as one of the 36 different advertising backs in the Set.  This exclusive right shall not apply to still images of the 4BK NFT.   If the exclusive right does not apply for the above stated reasons, the Owner is still allowed to use a video file or still image of their 4BK NFT as their avatar, but that use shall not be exclusive.    

 

Reservation of Rights.  4BK reserves the following rights for any and all 4BK NFTs that are part of this 4BK NFT License:

1.  To print physical media that relates to any and all 4BK NFTs;

2. To display any and all 4BK NFTs on 4BK's website or any of 4BK's social media sites;

3. To display any and all 4BK NFTs within advertisements on any and all media now known or hereinafter developed;

4. To make commercial and non-commercial use of the images from any and all 4BK NFTs; and,

5. 4BK also reserves the right to create a digital marketplace for 4BK NFTs and to display them accordingly. 

 

Termination of License. The 4BK NFT License terminates when the Owner transfers the 4BK NFT to a new Owner.  Upon such a transfer, the new 4BK NFT Owner becomes the 4BK License holder.  

 

Additional Terms

 

Disclaimer of Warranty. There is no warranty for the 4BK NFT, to the extent permitted by applicable law.  4BK provides the 4BK NFT “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

 

Limitation of Liability. To the fullest extent permitted by applicable law, neither party will be liable to the other party for any consequential, incidental, indirect, exemplary, special, punitive, or enhanced damages, or for any loss of actual or anticipated profits (regardless of how these are classified as damages), whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether either party has been advised of the possibility of such damages. 

 

Interpretation. If the “Disclaimer of Warranty” and “Limitation of Liability” sections provided above cannot be given local legal effect according to their terms, then reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the 4BK NFT.

 

Jurisdiction.  The parties agree to settle any dispute arising out this agreement or relating to the 4BK NFT in binding arbitration in the State of Georgia, USA.  The parties understand that they are giving up their right to a jury trial and giving up the right to a class action lawsuit.  

 

Entire Agreement.  This Agreement, along with the Smart Contract, constitutes the entire agreement of the parties with respect to the 4BK NFT.

 

Amendments. 4BK reserves the right to amend this license agreement from time to time in its sole discretion. 

 

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