TERMS & CONDITIONS

Club Fomo is a collection of digital artworks (NFTs) running on the Avalanche network. This website serves only as an interface that provides information about these digital collectibles. Users are entirely responsible for the safety and management of their own private Avalanche wallets. Furthermore, as the Club Fomo smart contracts run exclusively on the Avalanche blockchain network, there is no ability to undo, reverse, or restore any transactions.

The Club Fomo digital art collection, this website and any connected services that may arise in the future are provided “as is” and “as available” without warranty of any kind. By using this website, you are accepting sole responsibility for any and all transactions involving Club Fomo digital collectibles.

OWNERSHIP

i. You Own the NFT. Each Club Fomo digital art collectible is an NFT on the Avalanche blockchain. When you purchase an NFT, you own the underlying Club Fomo character (hereinafter referred to sometimes as the Art), completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Avalanche Network: at no point may we seize, freeze, or otherwise modify the ownership of any Club Fomo character. Hence, it is incumbent upon the NFT holder to safeguard all cryptographic keys and passwords associated with their ownership of the collectible on the Avalanche blockchain.

ii. Personal Use. Subject to your continued compliance with these Terms, the Club Fomo digital art collective grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Club Fomo NFT, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Club Fomo character to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Club Fomo character, provided that the website/application cryptographically verifies each Club Fomo NFT owner’s rights to display the Art for their Club Fomo character to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Club Fomo character leaves the website/application.

iii. Commercial Use. Subject to your continued compliance with these Terms, the Club Fomo digital art collective grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Club Fomo characters generally, provided that the marketplace cryptographically verifies each Club Fomo NFT owner’s rights to display the Art for their Club Fomo character to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Club Fomo characters generally, provided that the third party website or application cryptographically verifies each Club Fomo NFT owner’s rights to display the Art for their Club Fomo character to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Club Fomo NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.