1. The Artist retains all ownership, rights and title to all copyrights, trademarks, and other
intellectual property rights (“Marks”) to the artwork underlying the CaliforniaOG NFT (“Artwork”), including the rights to reproduce, to prepare derivative works, to display, to perform and to distribute the Artwork.
2. The Collector will become the owner of the CaliforniaOG NFT it is purchasing. In connection with the Collector’s ownership of the CaliforniaOG NFT, the Artist grants the Collector, subject to the Collector’s continued compliance with the CaliforniaOG NFT, a worldwide, assignable, royalty-free license (the “License”) to use, copy and display (or, in the case of audiovisual works, to perform), whether privately or publicly, the Artwork, for the following purposes:
(a) Commercial Use: for the purpose of making commercial use of the Artwork by
selling, distributing for commercial gain, or otherwise commercializing merchandise
that includes, contains, or consists of the Artwork; and
(b) Personal Use: (i) for the purpose of promoting or sharing the Collector’s purchase ownership interest in the CaliforniaOG NFT, for example, on social media platforms, blogs, digital galleries, or other Internet-based media platforms; (ii) for the purpose of sharing, promoting, discussing, or commenting on the Artwork; and (iii) for the purpose of displaying (or, in the case of audiovisual works, of performing) the Artwork within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Artwork within one or more virtual environments.
3. The Collector agrees and acknowledges that the Artist retains legal ownership, right and title to all copyrights, trademarks, and any other intellectual property rights not specifically granted by the License. Except for in connection with activities expressly contemplated under Section 4 hereof, the Collector may not use or reproduce any Marks without the Artist’s express written consent. The Collector may not remove any proprietary marks from the Artwork.
4. The Collector may sell, trade or transfer the CaliforniaOG NFT through any NFT marketplace. Any subsequent transfer, dispossession, burning, or other relinquishment of a CaliforniaOG NFT will immediately terminate the Collector’s rights and interest in the CaliforniaOG NFT and License provided by these Terms and, in the case of a transfer, will result in a transfer of the Collector’s rights and interest in the CaliforniaOG NFT and License to the transferee of the CaliforniaOG NFT.
5. The Artist hereby reserves all rights not expressly granted to a Collector under the License. For greater certainty and without limiting the foregoing, the Collector may not, nor permit any third party to do, or attempt to do, any of the following without the Artist’s express prior written consent:
(a) except for in connection with activities expressly contemplated under Section 4
hereof, otherwise utilize the Artwork for the Collector’s or any third party’s
(b) except for in connection with activities expressly contemplated under Section 4
hereof, use the Artwork to advertise, market or sell any third-party product or service;
(c) prepare, display, perform or distribute derivative works of the Artwork;
(d) modify, distort, mutilate, or perform any other modification to the Artwork which would be prejudicial to the Artist’s honor or reputation;
(e) use the Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, pornography or anything else that could reasonably be found to constitute hate speech, be offensive or otherwise infringe upon the rights of others;
(f) incorporate the Artwork in movies, videos, video games, or any other forms of media for a commercial purpose;
(g) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork;
(h) attempt to Mint, tokenize, or create an additional cryptographic token representing
the same Artwork; or
(i) falsify, misrepresent, or conceal the authorship of the Artwork or the CaliforniaOG NFT.
6. Ownership of a CaliforiaOG NFT constitutes a tokenized membership in the CaliforniaOG Club and ownership permits the owner to participate in the CalforniaOG Club utilities and benefits. Purchase of the CaliforniaOG NFT does not permit, and is not considered, an investment in any California OG, Luke Stewart, Jimbo Phillips, Bloat Floaters (Clifton D Moorman III, Christopher J Smith, and Charles E Smith), or SkooJAH (Andrew Skuja) legal entities.