Anim4RT is a collection of unique collectible digital animals – represented by non-fungible Token “Anim4rt NFT” – created by a smart contract deployed on the Ethereum blockchain. The Anim4rt smart contract associates each Anim4rt NFT with a digital work of art displaying one of Anim4rt’s animals (“Anim4rt Art”).
These terms (“Conditions”) are a legally binding agreement between Anim4rt, LLC (“Anim4rt” or “we”), a Delaware corporation, and any owner of an Anim4rt NFT (“you” or “Owner”) governing the rights and obligations of the parties with respect to the Anim4rt NFTs and the Anim4rt Art.
Please note the terms & conditions and general information could get updated prior to the airdrop, due to the emergence of new regulation, general interpretation, or our understanding of current regulation changes. The terms and conditions and general information published on our website immediately prior to the airdrop shall be valid.
The NFT industry is innovative and fast-moving, and regulation has lagged the pace of development. As new regulation emerges, general interpretation or our understanding of current regulation changes, we might update our terms and conditions and general information.
If you buy one of our NFTs at pre-sale you accept that the latest terms and conditions and general information published on our website immediately prior to the airdrop will be valid, and if there will be any discrepancies relative to the terms and conditions and general information published on our website when you made the pre-sale NFT purchase the terms and conditions and general information published on our website immediately prior to the airdrop will supersede any previous terms and conditions and general information.
We will contact you on the email you supplied to us when you made the pre-sale NFT purchase at least two weeks prior to the airdrop. At this time, you should thoroughly study and make sure you understand and accepts the then current terms and conditions and general information published on our website.Should you not understand and accepts the then current terms and conditions and general information published on our website you will have the opportunity to regret your purchase and ask for a refund (transactions costs will be deducted). The process of doing this will be outlined in the email sent two weeks prior to the airdrop.If three days prior to the airdrop, you have not actively asked for a refund, this serves as confirmation that you have thoroughly studied, understood, and accepts the then current terms and conditions and general information published on our website.
For the purposes of these Terms, “user”, “you” and “your” means you as the user of the Service. If you are using the Service on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that:
A. You are an authorized representative of the entity with the authority to bind the entity to these Terms;
B. You agree to these Terms on behalf of the entity.
By using our Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not use the Site.
Risk Disclosures :
Anim4rt accepts both FIAT and cryptocurrencies for transactions. Purchasing NFTs and engaging in cryptocurrency transactions involve risks, including but not limited to financial loss, and volatility.
Users are fully responsible for the security and management of their own private Ethereum wallets and for validating all transactions and contracts generated by this website prior to approval. Additionally, as Anim4rt smart contracts operate on the Ethereum network, it is not possible to undo, cancel, or restore transactions.
This website and its related services are provided “as is” and “as available” without warranty of any kind. By using this website, you accept full responsibility for all transactions involving Anim4rt digital collectibles.
Notice regarding arbitration and class action waiver:
By accepting these terms, you agree (with limited exceptions) to resolve any dispute between you and Anim4rt by binding individual arbitration rather than in court. Please read section 10 (dispute resolution) above carefully for details regarding arbitration.
You also waive any right to participate in any class action or class arbitration.
When you purchase an NFT on Anim4rt, you are buying a license to use that digital asset in a specific way. You do not own the underlying intellectual property rights. The specific rights and limitations will be outlined in the NFT’s individual terms of service describe below.
A. You own your Anim4rt NFT. Each Anim4rt is an NFT on the Ethereum blockchain. The ownership of the NFT is entirely bound by the smart contract and the Ethereum network – at no time can we seize, freeze or otherwise modify the ownership of an Anim4rt NFT.
B. You hold the exclusive right to hold, sell, transfer, and execute blockchain transactions involving your Anim4rt NFT. Anim4rt, LLC does not have the right or ability to seize, freeze, or otherwise alter the ownership of any Anim4rt NFT. Anim4rt, LLC owns all rights to, and interest in, the art of Anim4rt NFT – including all copyrights, trademarks, and other intellectual property rights. However, we grant you the License (defined below) to use the Anim4rt Art associated with Your Anim4rt NFT (“Your Anim4rt NFT Art”) for as long as you own your Anim4rt NFT.
C. We own (but grant you a license) to the intellectual property of your Art Anim4rt. Anim4rt owns all rights, titles, and interests in and to Art Anim4rt, including all copyrights, trademarks and other intellectual property (“IP”) rights. However, we grant you the license (defined below) to use the Anim4rt Art associated with your Anim4rt NFT (“Your Anim4rt Art”) for as long as you own your AniM4rt NFT.
D. You own the intellectual property of your works derived from your NFT Anim4rt. As between you and Anim4rt, LLC, you own all rights, titles, and interests in and to any “derivative work”, as defined by the copyright law of Middletown, Delaware, USA, based on your Anim4rt Art created during the term of the License (defined below) (“Anim4rt Derivative Work”), on the condition that:
Subject to your acceptance and compliance with these Terms, upon legal acquisition of Your Anim4rt NFT and, for as long as you hold Your Anim4rt NFT (both dates recorded by the Anim4rt smart contract) (the “Term of License”), Anim4rt grants you an exclusive, worldwide, royalty-free and sublicensable license to reproduce, distribute, prepare derivative works based on, publicly display, publicly perform, transmit, and otherwise use and exploit your Anim4rt Art (referred to as ” Licence”). The License is intended to be broad, allowing you to make commercial and non-commercial uses of your Anim4rt art, in all media, whether now existing or later invented, subject only to the restrictions set forth herein below.
1. The license only extends to your Anim4rt NFT, i.e., the complete selection and arrangement of all base layers, features, attributes, and other elements that make up your Anim4rt NFT. So, while the License allows you to create and exploit Anim4rt Derivative Works, the License does not grant you any rights to any individual element of your Anim4rt artwork, nor a license to exploit any separate individual element of your Anim4rt artworks. For example, the License allows you to create three-dimensional renderings of your Anim4rt artwork and add new props to it, but does not allow you to extract or create individual features (e.g., teeth, mane, other animal) for use in a separate work.
2. The License does not grant you any rights to any trademarked names, brands, trademarked dress, or trademarks of Anim4rt (or any other) (e.g., “NFT ANIM4RT” or “ART ANIM4RT”), all of which are expressly reserved to Anim4rt (referred to as the “Anim4rt Rights”).
You hereby agree that all rights of Anim4rt that you claim to acquire, as well as any associated value, will be automatically, immediately, and at your expense transferred to Anim4rt. For clarity, Anim4rt Rights do not include your Anim4rt Art, in which you may acquire trademark rights by exercising your rights in accordance with and subject to these Terms and applicable laws.
3. Any request for registration of an Art Anim4rt vote mark must take place during the Term of the license and be based solely on the actual use of the Anim4rt Art in commerce and only for goods or services related with which Your Anim4rt Art has actually been used commercially and in the jurisdiction applicable on the date of the request. Thus, you cannot seek to register a trademark for your Anim4rt Art on the basis of “intent to use” or where you have not used your Anim4rt Art commercially.
4. You may not use your Anim4rt Art in a way that expresses hatred or promotes violence towards any person or group based on membership in a protected class – such as race, religion, gender, orientation, or disability.
5. You may not use your Anim4rt Art in any way that violates the law.
6. All rights not expressly granted herein are reserved to us.
You grant Anim4rt an irrevocable, perpetual, nonexclusive, worldwide, royalty-free, sublicensable license to publicly display and otherwise use Your Anim4rt Art alongside other Anim4rt Art for the purpose of promoting or exhibiting the whole from the Anim4rt collection.
You may include the following copyright notice with your Anim4rt Art: “©Anim4rt 2023”. Subject to your compliance with these Terms, you may include a copyright notice identifying you, or anyone you designate, as the copyright owner of any Anim4rt Derivative Work created during the License Term, provided that you also include Anim4rt’s Copyright Notice.
Any copyright registration request for your Anim4rt Art must identify “Anim4rt, LLC” as the copyright holder of the Anim4rt Art.
Any request to register copyright in an Anim4rt Derivative Work may identify you or anyone you designate as the copyright owner, but must identify Your Anim4rt Art as a pre-existing work on which the Work derivative of Anim4rt is based.
To the extent that applicable law allows you to bring an action for infringement based on the unauthorized use of your Anim4rt Art, you agree that:
Anim4rt has no obligation to support the resolution or resolve any disputes that may arise between the owners of NFT Anim4rt.
Except as expressly provided herein, ownership of an Anim4rt NFT and the License are in no way severable. You may not engage in any transaction or activity that purports to disassociate the license from your Anim4rt NFT.
When transferring your Anim4rt NFT to a new Owner, as registered by the Anim4rt smart contract:
If, during the term of the License, you create and make available to the public a work using your Anim4rt Art (a “Published Anim4rt Work”), you may, except as provided in Section 4(a) continue to use and exploit such Anim4rt Work published in accordance with these Terms after the License Term; provided, however, that:
The Owner represents and warrants that the Owner:
A. User error such as forgotten passwords, incorrectly constructed transactions or misspelled wallet addresses;
B. The behavior or stopping of any software or hardware;
C. Loss or corruption of data;
D. Any functionality, development, errors or other problems with blockchain networks or wallets;
E. Unauthorized access to any Anim4rt NFT or Anim4rt art;
F. The acts or omissions of a third party.
Owner accepts and acknowledges all risks associated with the following:
A. Anim4rt NFTs and Anim4rt Art can be used in multiple ways. While we strongly encourage transparency, communication, and research before acquiring an Anim4rt NFT, including understanding what previous and existing uses have been made of the Anim4rt NFT and Art Anim4rt and how those uses may affect value, any purchase of an Anim4rt NFT is at the buyer’s own risk. Anim4rt is not responsible for verifying or providing information on how an Anim4rt NFT or its Anim4rt Art has been exploited. Additional documentation from an owner may be necessary or prudent.
B. Anim4rt is not responsible for determining or paying taxes applicable to the purchase, sale or transfer of an Owner’s rights to each Anim4rt NFT. As between the parties, the owner is solely responsible for determining what taxes, if any, apply to such transactions.
C. Transactions involving Anim4rt and Art Anim4rt NFTs rely on third-party or decentralized platforms, systems or markets. We do not maintain, control, or assume any obligation with respect to these platforms, systems or marketplaces. To the extent that Anim4rt provides links or access to third-party platforms, sites or other resources, it does so only as a convenience and is not responsible for the content, products, or services available on or from such third parties or through any content posted there.
D. To the extent that you are selling your Anim4rt NFT, please note that prices are extremely volatile and fluctuations in the prices of other Anim4rt NFTs have a positive and negative impact on the price of your own NFT. Given the volatility, Anim4Rrt NFTs should not be considered as an investment. You assume all risks in this regard.
E. Ownership of an Anim4rt NFT confers ownership of digital artworks only. Therefore, nothing on this site (or any other document referred to on it) is or can be considered as advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this site qualifies or is intended to be an offer of securities in any jurisdiction, nor does it constitute an offer or invitation to purchase stocks, securities or other financial products. Due to the artistic nature of the project, Anim4rt has not been registered or approved by any regulatory body in any jurisdiction. It remains your sole responsibility to ensure that the purchase of Anim4rt and associated art complies with the laws and regulations of your jurisdiction.
F. You assume all risks associated with the use of an internet-based currency, including but not limited to the risk of hardware, software and internet connection, the risk of the introduction of malware and the risk that third parties may gain unauthorized access to the information stored in your wallet.
G. Anim4rt NFTs, cryptocurrencies and blockchain technologies are relatively new and the regulatory landscape is disrupted and unpredictable. New regulations could negatively impact such technologies impacting the value for your NFT Anim4rt. You understand and accept all risks in this respect.
H. You bear full responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum Platform.
I. Once the 10,000 NFT of the Anim4rt collection has been sold, the sale will remain open only by credit card or Paypal for those who wish to have an early access of the next collection! These pre-sales will be neither refundable nor cancellable, and will have the same conditions as the NFT Anim4rt collection described herein. Pre-sales beyond 10,000 NFT could be a brand new collection. This new collection can and will take any form. Anim4rt does not commit to any style promises.
Owner shall defend, indemnify and hold harmless Anim4rt, its licensors, affiliates, associations, representatives, and service providers, and each of them, and all of their respective officers, directors, employees and agents (the “Indemnified Parties”) from and against all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, expenses and other similar results or events (including attorneys’ fees) arising directly or indirectly from, or are related to or in connection with any claim, suit, action, demand or proceeding or other similar event, process or activity which is initiated, carried out, brought, or financed by a third party (including anyone who accesses or transacts using any Anim4rt NFT or Anim4rt Art, whether or not such person personally purchased an Anim4rt NFT) against the Indemnified Parties, or as a result of the investigation, defense, or settlement thereof, arising from, relating to, or in connection with:
The attorney to be used in the defense of any such claim must be approved by Anim4rt in writing prior to the engagement of such attorney and, upon our request, you will authorize us to assist in the defense of such claims. You will not enter into any settlement or compromise of any claim or dispute or which includes an admission of liability without our prior written consent.
A. To the maximum extent permitted by law, no indemnified party will be liable for any incidental or consequential damages, or damages for loss of profits, loss of revenues, loss of savings, loss of business opportunities, loss of data, 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 the use of or the inability to use or interact with any Anim4rt NFT or Anim4rt art, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Anim4rt or its service providers have been advised of the possibility of such damages, even if any limited remedy stated herein is found to have failed of its essential purpose. In no event shall any indemnified party’s cumulative liability hereunder for all causes of action and all theories of liability exceed $100.
B. By purchasing or owning an Anim4rt NFT, the owner acknowledges that the above exclusions and limitations on damages are fundamental elements of the basis of negotiation between Anim4rt and the owner.
C. You understand and agree that we shall not be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages you may incur, however caused and under any theory of liability, including, but not limited to, any lost profits.
D. You acknowledge and agree that we have made the site available to you, and that all information included on the site does not include the responsibility of Anim4rt, and that we have entered into these terms on the basis of the disclaimer clauses, warranty, responsibility, and limitations of liability set forth herein. We would not be able to provide the site to you without such limitations.
E. By clicking to accept, sign and/or use our service, you agree to be bound by these terms and all terms incorporated herein by reference. If you do not agree to these terms, you may not access or use the service.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity thereof, or the use of NFT Anim4rt or Anim4rt Art (“Dispute” ) shall be resolved only in individual arbitration and not in any class, representative, or consolidated action or proceeding. Each party waives the right to a trial in court and/or by jury. This arbitration clause shall survive any termination of the License or these Terms.
As a limited exception to Section 10(a) above:
The arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its then-current consumer arbitration rules, except as modified by these Terms. A party wishing to commence arbitration must submit a written request for arbitration to American Arbitration Association (“AAA”) and give notice to the other party. All arbitration hearings will take place in the county (or parish) where the parties reside, with arrangements to be made for remote appearances to the maximum extent permitted by the American Arbitration Association (“AAA”), unless the parties agree to all two from a different place. The parties agree that the arbitrator shall have exclusive authority to decide all questions relating to the interpretation, applicability, enforceability and scope of these terms.
Payment of all filing, administration and arbitration fees will be governed by the rules by of the American Arbitration Association, and Anim4rt will not seek to recover administration and arbitration fees for which Anim4rt is responsible, unless that the arbitrator finds that your dispute is not legitimate or has no legal basis. If Anim4rt prevails in arbitration, Anim4rt reserves the right to recover all of its lawyers’ fees and expenses from you. If you prevail in the arbitration, you will be entitled to compensation for attorneys’ fees and expenses to the extent provided by applicable laws.
Except as provided in Section 10.d above, the arbitrator shall decide all questions of liability on the merits of any claim asserted by either party and may award declaratory or an injunction – only in favor of the individual party seeking relief and only to the extent necessary to grant relief warranted by that party’s individual claim. To the extent that either you or Anim4rt prevails over a claim and seeks a public injunction (i.e., an injunction whose primary purpose and effect is to restrain unlawful acts that threaten to cause future harm to the public), the right and extent of such injunctive relief shall be brought in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any public injunction matter shall be stayed pending the outcome of the merits of any individual claims in arbitration.
You and Anim4rt agree that each party may bring claims against the other solely in its individual capacity, and not as a plaintiff or member of a class in any corporate or representative proceeding. Further, if a Dispute is resolved by arbitration, the arbitrator may not consolidate another person’s claims with any other party’s claims, and may not otherwise preside over any form of representation or class action. If this specific provision is found to be unenforceable, the entirety of this Dispute Resolution section will be null and void.
If an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
By placing an order on or through Anim4rt, you accept a binding offer to purchase such Anim4rt NFT. Your order is accepted and confirmed once the purchase is complete, and Anim4RT displays the “Thank You Page.” You hereby expressly agree that the supply of an Anim4rt NFT begins immediately upon receipt of the order confirmation by email and/or by display of the confirmation page.
A. If you choose to purchase an NFT through the Site, all financial transactions you incur will be conducted either through the Ethereum network or through FIAT. We will have no insight into or control over such payments or transactions, nor will we have the ability to reverse transactions. We shall have no liability to you or to any third party for any claims or damages that may arise as a result of any transaction you engage in or any other transaction you conduct through the Ethereum or FIAT network. All payments expressed in any FIAT currency and made in connection with a purchase cannot be canceled, recalled, or refunded, and any request for reimbursement or return will be rejected.
B. Ethereum requires payment of a transaction fee (a “Gas Fee”) for each transaction that occurs on the Ethereum network. Gas Fees fund the network of computers that run the Ethereum decentralized network. This means that you will have to pay Gas Fees for each transaction.
C. Be advised that any payment incident, declaration of fraudulent payment to your bank or PayPal account, declaration with the reason “goods not received” or “non-compliant” automatically entails a processing fee of $200 on the payment method used.
D. Users agree to pay all applicable fees related to transactions on Anim4rt. Payments can be made using both FIAT currencies and cryptocurrencies, including but not limited to Ethereum (ETH). All fees will be automatically deducted from the transaction amount.
E. Anim4rt do his best complies with financial regulations, including those related to cryptocurrencies.
Anim4rt reserves the right to clarify or modify these Terms by publicly posting a new version of them – including, but not limited to, on anim4rt.io or any successor website.
These Terms and any action related thereto shall be governed by the law of the State of Delaware, USA, without regard to its conflict of law provisions. Except as expressly provided otherwise in Section 10 (Dispute Resolution), exclusive jurisdiction for all Disputes (as defined above) shall be the state courts located in the City of Midlletwon, Delaware, USA, and you and Anim4rt each waive any objection to the jurisdiction and venue of such courts.
The license applies only to ANIMART NFTs on the blockchain that Anim4rt, in its sole discretion, may designate, which designation will apply retroactively. So, for example, if a person or organization claims to be driving duplicate Anim4rt NFTs, only the non-fungible token registered on the blockchain designated by Anim4rt will be eligible to benefit from the license. Any license purportedly granted hereunder to the owner of a non-fungible token registered on a blockchain not designated by Anim4rt is null and void.
These Terms will be transferred and shall bind and inure to the benefit of the parties and their successors and permitted assigns.
These Terms constitute the entire agreement and supersede all prior or contemporaneous representations, understandings and understandings between the parties with respect to the subject matter of these Terms, all of which are merged into these Terms. Without limitation, the terms of any other document, publication, course of trade or course of business shall not modify these Terms except as expressly provided or as the parties may agree in writing.
Failure to promptly enforce any provision of these Terms or any right related to NFT Anim4RT or Art Anim4rt shall not be construed as a waiver of such provision or such rights.
Nothing in these Terms shall be deemed to create, or be construed to create, a joint venture or partnership between the parties. Neither party is, under these Terms or otherwise, authorized as the agent or legal representative of the other party. Neither party has the right or authority to assume or create any obligation or liability, express or implied, for or on behalf of the other party. Nothing in these Terms shall be deemed to create any third party beneficiary rights over any third party.
Buying an Anim4rt NFT on the Site implies acceptance of these Conditions.
If one or more of the provisions of these Terms should be found to be wholly or partially invalid or unenforceable, the provisions found to be invalid or unenforceable will be deemed modified and the arbitrator, court or other governmental agency is authorized to reform the provision (s) in the minimum extent necessary to make them valid and enforceable in accordance with the intention of the parties as manifested herein.
The section titles of these Terms are provided for convenience or reference only, and do not form part of these Terms, and will not affect their interpretation in any way.
Neither party shall be granted or denied preference in crafting these Terms, whether as a drafter or otherwise.
For the purposes of these Terms, the words “include,” “includes,” “including,” and “such as” shall be deemed to be followed by the words “without limitation.”
The primary objective of acquiring Amazon rainforest land is for conservation and environmental sustainability. The funds for these acquisitions come from the sale of NFTs from Anim4rt, LLC. The Anim4rt Welfare Association is responsible for these acquisitions. The Anim4rt NFT project aims to be a carbon-positive initiative that combines art, wildlife conservation, and blockchain technology. The project offers a collection of 10,000 hand-crafted NFTs, each representing a unique piece of art and a portion of a rainforest. The profits from the project are directed towards the “Anim4rt Welfare Association,” which focuses on acquiring more rainforest land.
All funds generated through Anim4rt will be sent to the Anim4rt Welfare Association for forest conservation. Each NFT holder will be invited to join the association after the NFTs are sold out. The number of parts you own in the association will be proportional to the number of NFTs you own. These parts give you a say in the association’s activities but do not constitute financial shares.
The 4rt Token serves as a utility token within the Anim4rt ecosystem. It is not a security and does not grant equity or ownership rights in Anim4rt.
The specific utilities and functionalities of the 4rt Token will be outlined in a separate document available on our website.
As a member of the Anim4rt Welfare Association, you will be part of various environmental projects. You will have the opportunity to participate in a variety of environmental projects. These may include but not limited to:
Reforestation
Wildlife Protection
Acquisition of Rainforest Land
Carbon Credits
The Anim4rt Welfare Association is actively involved in the acquisition of rainforest land for conservation purposes. The benefit generated from the sale of NFTs contribute to the purchase of these lands, thereby directly aiding in the preservation of biodiversity and natural habitats. The ultimate goal of these activities is environmental conservation. Any financial benefits are reinvested into environmental project. In addition to land acquisition, the association also engages in the generation and resale of carbon credits. These credits are generated by the anim4rt forest and conservation effort. The revenue generated from the sale of carbon credits will be reinvested into the association.
All activities related to land acquisition and carbon credit resale will be conducted in compliance with applicable laws and regulations.
Each hectare of acquired rainforest is estimated to generate approximately 16 carbon credits annually. Each carbon credit is valued at around $20, making the standing value of each hectare at least $320 per year. Carbon credits generated will be sold through the Anim4rt Welfare Association to companies looking to offset their carbon footprint. The revenue generated from the resale of carbon credits will be reinvested into environmental projects.
Owning an NFT from Anim4rt does not grant you legal ownership or rights over the actual land, forests, or carbon credits associated with our environmental projects. Instead, your NFT serves as a tokenized representation of your support for these projects and authorizes you to become a member of the Anim4rt Welfare Association. Through your membership in the association, you will directly contribute to and have a stake in environmental conservation efforts, including part-ownership of rainforest land managed by the association.
The parties have agreed to enter into a contract electronically, and therefore electronic signatures or any other form of acceptance permitted by law will have the same effect and weight as original signatures.
