July 2024
Outlier X NFT Terms and Conditions
Outlier Ventures
Contents
GM & welcome to the Outlier X NFT Terms & Conditions (“Terms”)!
These Terms govern your use of Outlier X NFTs. By accessing these Terms or submitting a request to mint an Outlier X NFT, you accept these Terms. If you do not accept these Terms, please refrain from submitting a request to mint an Outlier X NFT. If you purchase, accept, or acquire an Outlier X NFT, you are deemed to accept and agree to comply with these Terms.
The rights granted to you under these Terms automatically terminate if you breach any of these Terms.
We may occasionally make changes to these Terms. We will notify you if changes significantly affect you (for example, by posting a notice on our website or through our social media pages). Your continued use of and access to the Outlier X NFTs after the effective date of the revised Terms constitutes your acceptance of the changes.
What are the Outlier X NFTs?
The Outlier X NFT is a commemorative collection of non-fungible tokens (“NFTs”), released on the Base Network, to celebrate Outlier Ventures’ 10th anniversary!
Outlier X NFTs are not an investment and do not grant any right to financial or other benefits, utility, or participation in or governance of the project, our company, or affiliates.
They are commemorative collectibles offered for a limited period of time, from 16th July 2024 to 16th August 2024, for free, but transaction fees may apply (please see below).
How can you get Outlier X NFTs?
You have two options to mint Outlier X NFTs:
- Zora Minting: you can mint Outlier X NFTs directly on Zora or through our website, which integrates an iFrame connecting to Zora’s services. While we are offering the Outlier X NFTs for free, please note that Zora applies fees to the minting process. These fees will be displayed for your review during the minting process.
- Farcaster (Warpcast) Minting: we also provide a minting option via Warpcast (always using Zora’s backend technology). Subject to you following us on Warpcast using the account you will use for the minting process, Outlier X NFTs minted through Warpcast will have the transaction/gas fees fully covered by us, allowing you to mint at no cost.
Please note that we do not operate Zora. Your access and use of Zora are subject to Zora’s terms and conditions. These form a contractual agreement between you and Zora, and we disclaim all liability for any of Zora’s actions or policies to the maximum extent permitted by law. Please ensure that you carefully review, understand, and are comfortable to accept Zora’s terms and conditions before using Zora to mint the Outlier X NFTs.
Third-Party Marketplaces
Outlier X NFTs may also be available for purchase on the secondary market on third-party platforms, such as OpenSea and other marketplaces (each, an “NFT Marketplace”). We do not operate any such NFT Marketplace, and your access and use of any such NFT Marketplace are subject to the terms of the NFT Marketplace you are using. As such, we disclaim all liability for any actions or policies of any such NFT Marketplace. Please review the respective NFT Marketplace’s terms carefully before engaging in any transactions.
How can you use Outlier X NFTs?
If you acquire or hold an Outlier X NFT, you do not own the associated artwork (“Art”), which remains our property. In these Terms, you “hold” an Outlier X NFT while a cryptographic wallet (“wallet”) you control is recorded on the relevant blockchain as the current owner of that Outlier X NFT.
Subject to your continued compliance with these Terms, if you hold an Outlier X NFT, we grant you a limited, non-exclusive, revocable, non-transferable licence to make personal, non-commercial use of the Art without allowing others to use it (e.g., display on your own website and social media channels).
You may also use your Outlier X NFT with websites or applications that allow Outlier X NFTs to be included, involved, or to participate in functionality they offer (e.g., listing your Outlier X NFT). This only applies if such marketplaces, websites, or applications use cryptographic verification to ensure only the holder of an Outlier X NFT can display it, and the Art is no longer displayed once the holder stops using the marketplace, site, or application.
Transfers
You may transfer your Outlier X NFT to someone else only if the transfer complies with the law, you have shared these Terms with the recipient who has accepted and agreed to comply with them, and only if you have not previously breached these Terms.
You are solely responsible for any tax liability arising from or in connection with the transfer (including the sale) of the Outlier X NFTs.
If you transfer your Outlier X NFT out of your wallet, you lose the rights mentioned above, as these will transfer to the new owner.
What are you not allowed to do with Outlier X NFTs?
You agree NOT to do any of the following, or to allow or help anyone else to do any of the following, unless we have approved it in advance in writing:
- Use Art for commercial purposes, including to create derivative works based on that Art (e.g., T-shirts, other merchandise, media such as comics, or intangible works such as videogames, cartoons, or similar).
- Use Outlier X NFTs, their Art, or any part thereof, for or in connection with any Illicit Use (as defined below) or for any offensive, immoral, or unlawful purpose or activity, or in a manner capable of bringing our reputation and/or the reputation of our community into disrepute.
- Use any of our trademarks (including, without limitation, the Outlier Ventures brand name or logo) for any purpose.
- Attempt to register any trademark, social media or other account or address, domain name, copyright, or other intellectual property rights in or to, or incorporating, the Art or our trademarks (or any name or mark which may be confusingly similar to our brand name or logo) or take any other step to acquire additional intellectual property or other rights in the foregoing.
- Use Art in connection with statements which are defamatory, dishonest, or which otherwise damage the goodwill, value, or reputation of us or our affiliates.
“Illicit Use” includes any use which is libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations, along with any use in connection with images, videos, or any other media which depicts or could reasonably be found to constitute hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech.
Risk Warnings
OUTLIER X NFTS ARE CRYPTOASSETS. WHEN YOU BUY CRYPTOASSETS, YOUR CAPITAL IS AT RISK. RISKS ASSOCIATED WITH CRYPTOASSETS INCLUDE PRICE VOLATILITY, LOSS OF CAPITAL (THE VALUE OF YOUR CRYPTOASSETS COULD DROP TO ZERO), COMPLEXITY, LACK OF REGULATION, AND LACK OF CONSUMER AND OTHER PROTECTION.
HARDWARE, SOFTWARE, TELECOMMUNICATIONS, BASE AND ETHEREUM NETWORKS, AND OTHER INFRASTRUCTURE CHANGES, INTERRUPTIONS, OR FAILURES, ALONG WITH MALICIOUS SOFTWARE, SECURITY BREACHES, AND OTHER FACTORS, MAY AFFECT THE UTILITY, AVAILABILITY, VALUE, OR INTEGRITY OF CRYPTOASSETS LIKE OUTLIER X NFTS.
ART ASSOCIATED WITH OUTLIER X NFTS, AND THE NFTS THEMSELVES, MAY BECOME INACCESSIBLE OVER TIME. EVENTS OUTSIDE OF OUR CONTROL MAY MEAN YOU ARE UNABLE TO ACCESS OR USE OUTLIER X NFTS AND THE ART ASSOCIATED WITH THEM.
BY ACQUIRING AN OUTLIER X NFT (WHETHER BY MINTING OR ON THE SECONDARY MARKET), YOU ACKNOWLEDGE THE RISKS DESCRIBED IN THESE TERMS AND AGREE THAT WE SHALL HAVE NO LIABILITY IF SUCH RISKS MATERIALISE, NOR ARE WE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY OR FOR THE CONSEQUENCES OF ANY SUCH TRANSACTION.
WHEN YOU ACQUIRE CRYPTOASSETS, YOU ARE NOT PROTECTED BY FINANCIAL COMPENSATION SCHEMES OR PROTECTIONS TYPICALLY AFFORDED TO INVESTORS DEALING WITH REGULATED AND AUTHORISED ENTITIES OR IN REGULATED INDUSTRIES.
Your Responsibilities
As a holder, you are responsible for the safety of Outlier X NFTs registered against your wallet. You acknowledge that the decentralised nature of distributed ledger technology (such as the Base and Ethereum networks) makes it impossible for us to reverse, cancel, undo, or otherwise alter any transaction or transfer. You are responsible for transactions through your wallet.
You agree to indemnify and hold us harmless against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any claim or legal action brought against us resulting from your breach of these Terms or your use of Outlier X NFTs not in accordance with these Terms, to the extent permitted by law. This indemnity does not extend to any liabilities, losses, or expenses that are not a direct consequence of your actions, or to matters that are beyond your reasonable control.
Disclaimer
We are not responsible for any loss or damage that is not foreseeable; if defective digital content we supply damages your device or digital content because we failed to use reasonable care and skill, we will repair the damage or pay you compensation (but we will not be liable for damage you could have avoided by following our reasonable advice or instructions).
You hereby agree that we (and any of our affiliates) shall not be liable or otherwise responsible for any loss, damage, or claim (whether under contract or tort law) relating to or resulting from: (a) the decentralised nature of distributed ledger technology and the Base Network and the Ethereum Network; (b) your use of your wallet and/or any weakness or defect in the security of your wallet; (c) any weakness or defect in the confidentiality, integrity, availability, and/or security of any data, technology, and/or equipment used by you to access and/or store your Outlier X NFT; (d) any malicious act carried out by bad actors resulting in your loss of the Outlier X NFT; (e) any product, service, or experience designed by third parties accessible through the use of the Outlier X NFT (regardless of whether such offering is offered with or without our permission); (f) any use of the Outlier X NFT and/or Art contravening these Terms or otherwise exceeding the rights granted to you by us under these Terms; or (g) events or forces outside of our control.
Limitation of Liability
We exclude all implied conditions, warranties, and terms to the fullest extent permissible by law. Our maximum aggregate liability for all claims arising out of or relating to these Terms, whether in contract, tort (including negligence), or otherwise, shall be limited to the sum of £1. However, nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law.
Additional Terms
Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information about you when you interact with our services. By using our services, you agree to the terms of our Privacy Policy.
Transfer of Rights
We may transfer our rights and obligations under these Terms to another organisation (such as, but not necessarily, to our affiliates). We will always inform you if this happens (such as by notice through our website).
No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish a partnership or joint venture between you and us, nor constitute either you or us as the agent of the other for any purpose. You are not authorised to make decisions on behalf of, represent, or bind Outlier Ventures in any way. You also confirm that in entering into these Terms, you are acting on your own behalf and not for the benefit of any other person.
Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions of these Terms shall continue in full force and effect.
Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use and ownership of Outlier X NFTs and supersede any prior agreements or understandings, whether written or oral.
Contact Information
For any questions about these Terms or for customer support, please contact us at: contact@outlierventures.io.
Governing Law and Jurisdiction
These Terms are governed by English law and you and we agree that disputes under or in connection with these Terms may be brought in the English courts.