Save Ethereum Foundation / SAVE ETH Terms of Service and NFT Artwork License
Effective Date: AUGUST 18 2026
Last Updated: AUGUST 18 2026
Important Disclosures
These Terms of Service and NFT Artwork License are a legal agreement between you and the individual artist who created and operates the independent art project titled "Save Ethereum Foundation" and the related "SAVE ETH" collection and experiences (the "Artist," "we," "us," or "our").
"Save Ethereum Foundation" and "SAVE ETH" are titles used by an art project. They are not corporations, legal foundations, nonprofit organizations, charities, grant programs, public-goods funds, or other legal entities.
Independent project. Save Ethereum Foundation and SAVE ETH are not affiliated with, sponsored by, endorsed by, approved by, operated by, or acting on behalf of the Ethereum Foundation or ethPandaOps. Any references to Ethereum and ethPandaOps identify the network, ecosystem, subject matter, or data source only and do not imply endorsement.
Artwork disclaimer. The artwork is satire, parody, criticism, commentary, and fictionalization. Depictions are fictionalized. Unless expressly stated otherwise, no depicted or referenced person, living or dead, has participated in, authorized, sponsored, endorsed, approved, or licensed their name, image, likeness, voice, persona, or other rights for the Project.
Not a charity or donation campaign. Payments made in connection with the Project are not donations to the Ethereum Foundation, ethPandaOps, Ethereum protocol development, public-goods organizations, or any other person or organization. Payments are not represented as tax-deductible charitable contributions.
NFTs are artworks, not game items. The NFTs are digital artworks and collectibles. Owning an NFT does not provide access to the Game, special cards, additional abilities, enhanced rankings, governance, revenue, financial rights, or any other utility.
The Game is free to play. NFT ownership is not required to play the Game. The Game does not use NFTs in a player's wallet to determine which cards, characters, abilities, or other gameplay elements the player may use. Wallet login is used to authenticate players and associate wins and losses with a leaderboard.
Third-party launch system. The initial NFT launch may use TokenWorks, FWA, and FWAIR websites, interfaces, smart contracts, and protocols. Those are third-party services with their own terms, code, risks, fees, and programmatic outcomes. The Artist does not control their operation except for limited artist settings or transactions expressly made available through those systems.
Blockchain risk. Blockchain transactions and smart-contract operations are generally public, final, and irreversible. You are responsible for reviewing every wallet request before signing or submitting it.
Do not connect a wallet, sign a message, support the launch, acquire an NFT, claim an asset, or use the Game unless you understand and accept these Terms.
1. Agreement and Scope
These Terms govern your use of:
- the Save Ethereum Foundation / SAVE ETH website and Project-controlled pages;
- the official NFT collection "SAVE ETH";
- the free-to-play card-battle Game;
- the Game leaderboard;
- Project-controlled wallet authentication and interfaces;
- Project content, artwork, documentation, and related experiences that link to these Terms.
Together, these are the "Project Services."
These Terms do not govern independently operated services such as TokenWorks, FWA, FWAIR, public blockchain networks, digital wallets, NFT marketplaces, block explorers, RPC providers, analytics providers, hosting providers, or other third-party products. Your use of those services may be subject to separate terms.
You accept these Terms when, after being presented with notice and access to these Terms, you:
- click an "Accept," "Continue," "Play," "Connect," "Support," "Acquire," "Mint," "Claim," or similar button;
- connect a wallet and continue using the applicable feature;
- sign a Game authentication message;
- initiate a transaction through a Project or Project-linked interface; or
- otherwise affirmatively indicate your agreement.
You must be at least eighteen years old and legally capable of entering into these Terms. You may not use the Project Services where doing so would violate applicable law.
If you do not agree to these Terms, do not use the Project Services.
2. The Artist and the Project
The Artist is the individual creator identified in the official Project materials and associated with the artist wallet identified in the official launch information.
Save Ethereum Foundation and SAVE ETH are project and collection titles only. Neither is a separate company, foundation, partnership, association, DAO, nonprofit organization, or other legal entity.
Nothing about your use of the Project Services creates a partnership, joint venture, agency, employment, fiduciary, advisory, membership, or similar relationship between you and the Artist.
The Artist may work with contractors, service providers, hosting providers, or technical collaborators. Their involvement does not make them owners, sponsors, or endorsers of the Project unless expressly stated.
3. No Ethereum Foundation or ethPandaOps Affiliation
The Project is independent from:
- the Ethereum Foundation;
- Stiftung Ethereum;
- ethereum.org;
- ethPandaOps;
- Ethereum client teams;
- Ethereum research teams;
- Ethereum protocol-development organizations;
- Ethereum grant programs;
- Ethereum public-goods organizations; and
- any person or organization referenced or depicted by the Project.
References to Ethereum identify the blockchain network, technology, ecosystem, culture, or subject matter of the artwork.
References to ethPandaOps identify a referenced data source or subject of artistic commentary.
The Project name, artwork, language, and presentation must not be understood as indicating that the Project is an official Ethereum Foundation project or that any Ethereum-related organization approved or participated in it.
Do not contact the Ethereum Foundation or ethPandaOps for Project support, refunds, Game assistance, NFT claims, transaction support, or other questions about the Project.
4. No Charity, Foundation, or Donation Activity
Despite their titles, Save Ethereum Foundation and SAVE ETH are not legal foundations, charities, nonprofit organizations, grant programs, relief funds, protocol-development funds, or public-goods campaigns.
Amounts paid, committed, backed, or spent in connection with the Project are not charitable donations.
The Artist does not represent that any amount will be transferred to the Ethereum Foundation, ethPandaOps, Ethereum developers, protocol researchers, public-goods organizations, or any other third party unless a specific transfer is separately and expressly disclosed.
No NFT purchase, FWAIR support payment, backing amount, gas fee, protocol fee, marketplace payment, creator royalty, or other amount is represented as tax deductible.
5. Nature of the Artwork and the Game
The Collection consists of on-chain or contract-rendered SVG artworks designed to resemble cards from a fictional card game.
Characters, statistics, powers, classifications, descriptions, abilities, attack values, health values, and other card-like elements are parts of the artwork and its fictional setting.
Unless the Artist expressly states otherwise in a separate written agreement, those artistic attributes:
- have no functional relationship to the Game;
- are not usable as Game items;
- do not unlock characters or cards;
- do not alter a player's abilities;
- do not create access rights;
- do not affect rankings or matchmaking;
- do not create financial or governance rights; and
- are not promises of future functionality.
The Game is a separate free-to-play experience.
A player who owns no NFT receives the same gameplay access as a player who owns one or more NFTs.
Owning a particular NFT does not allow its owner to use the depicted card, character, statistics, or abilities in the Game.
The Artist intentionally separated NFT ownership from Game access and gameplay. You should not acquire an NFT based on an expectation that NFT ownership will later become necessary or advantageous for the Game.
Unless separate official rules expressly state otherwise, the Game and leaderboard do not award ETH, NFTs, tokens, money, property, or other items of value.
If the Artist later offers a contest, tournament, prize, or promotion, that activity may be governed by separate rules and eligibility requirements.
6. Wallet Authentication and Security
Certain Project Services require a compatible self-custodied wallet.
You are responsible for:
- securing your private keys, seed phrases, passwords, devices, and authentication methods;
- confirming that you are using the correct website and blockchain network;
- reviewing every wallet signature request;
- reviewing every transaction function, contract address, token amount, recipient, allowance, and fee;
- ensuring that your wallet contains sufficient assets for the intended transaction and gas; and
- recognizing phishing attempts, counterfeit websites, and fraudulent contracts.
The Artist does not have custody of your wallet, private keys, seed phrase, ETH, NFTs, tokens, or other assets.
The Artist cannot recover lost credentials, restore a compromised wallet, reverse a blockchain transaction, or retrieve assets sent to the wrong address.
The Artist will not ask you to provide a private key or seed phrase.
The intended Game login flow uses a wallet signature to authenticate a player and associate Game results with a wallet address. You must nevertheless inspect the complete wallet request. Do not sign a message or transaction that differs from the login request you expected.
A valid wallet signature may be treated as evidence that the applicable wallet authorized the login or instruction.
If you suspect that your wallet or device has been compromised, stop using it and take appropriate steps to secure or replace it.
7. Official Collection and NFT Ownership
The official Collection is identified by its blockchain network and smart-contract address, not merely by its displayed name, symbol, artwork, marketplace page, or social-media account.
The official contract address will be published through the Project's official website or official launch materials.
Third parties may copy the Collection name, artwork, symbols, metadata, or website design. You are responsible for confirming that you are interacting with the official contract and official launch addresses.
Lawful ownership of an NFT means that the applicable blockchain records the owner's wallet address as the owner of that token, subject to the applicable smart-contract code.
NFT ownership does not provide:
- ownership of the Artist, Project, Game, Ethereum Foundation, ethPandaOps, TokenWorks, FWA, FWAIR, or another organization;
- equity, debt, membership, partnership, or governance rights;
- voting or management rights;
- dividends, interest, royalties, revenue sharing, or profit participation;
- a claim against a treasury, pool, reserve, organization, or person;
- Game access or Game advantages;
- access to private communities, events, discounts, airdrops, or services;
- ownership of copyright or other intellectual-property rights in the artwork;
- commercial rights in the name, image, likeness, voice, or persona of a depicted person;
- rights in third-party trademarks or copyrighted material; or
- a promise that the Artist will continue, expand, or maintain the Project or Game.
A secondary-market purchaser receives no greater rights than the prior owner possessed.
8. NFT Artwork License
Subject to these Terms and only to the extent the Artist owns or controls the applicable rights, the Artist grants the lawful owner of an NFT a limited, worldwide, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to:
- display the associated artwork for personal, noncommercial purposes;
- display the artwork in a personal wallet or digital gallery;
- use the artwork as a personal profile image or avatar;
- post the artwork on personal social-media accounts;
- identify or discuss the NFT the owner lawfully owns; and
- display the artwork through a marketplace or service for the purpose of selling or transferring the NFT.
The license does not permit you to:
- manufacture or sell merchandise;
- use the artwork in commercial advertising or branding;
- commercially exploit the artwork;
- create or distribute commercial derivative works;
- mint, tokenize, or sell another copy or derivative of the artwork;
- use the artwork as a trademark or service mark;
- register intellectual-property rights in the artwork;
- represent that the Artist or a depicted person endorses you or your products;
- commercially exploit a depicted person's name, image, likeness, voice, or persona;
- commercially exploit third-party trademarks or copyrighted material; or
- use the artwork in an unlawful, fraudulent, defamatory, misleading, or deceptive manner.
No license is granted in third-party names, marks, logos, copyrighted works, data, likenesses, personas, or other protected material merely because that material is referenced, depicted, transformed, commented upon, or incorporated into the artwork.
This license automatically terminates when you transfer the NFT. The subsequent lawful owner may receive the same license by accepting and complying with these Terms.
After transferring an NFT, you must not represent that you continue to own it.
Nothing in this section limits rights independently available under applicable law.
9. Satire, Parody, Commentary, and Depicted Persons
The Project is an expressive artwork intended to use satire, parody, criticism, commentary, fictionalization, absurdity, and exaggeration.
Depictions are fictionalized and should not be interpreted as factual representations that:
- a depicted person engaged in particular conduct;
- a depicted person made a particular statement;
- a depicted person holds a particular opinion;
- a depicted person participated in the Project; or
- a depicted person approved or benefited from the Project.
Unless expressly stated otherwise, no depicted or referenced person, living or dead:
- participated in creating the Project;
- authorized the Project;
- sponsored or endorsed the Project;
- approved the artwork;
- licensed their name, image, likeness, voice, or persona;
- approved the distribution of an NFT; or
- receives proceeds from the Project.
References to people, organizations, technologies, projects, events, names, trademarks, or data sources identify the subject of the artwork or commentary and do not imply source, sponsorship, affiliation, approval, or endorsement.
All third-party names, trademarks, service marks, logos, copyrighted materials, and other protected rights remain the property of their respective owners.
An NFT owner does not receive any independent right to commercially exploit a depicted or referenced person's identity or another person's intellectual property.
10. TokenWorks, FWA, and FWAIR
The initial distribution or acquisition of NFTs may be facilitated through websites, interfaces, smart contracts, or protocols associated with TokenWorks, FWA, or FWAIR, collectively the "Third-Party Launch Services."
TokenWorks may provide hosting, launch interfaces, technical assistance, or protocol infrastructure to the Artist as a hosted or participating artist.
That limited technical or service relationship does not make the Artist an employee, partner, agent, subsidiary, joint venturer, or representative of TokenWorks. It does not mean that TokenWorks created, approved, or endorsed the artwork, Game, Project name, or Artist's statements.
TokenWorks, FWA, and FWAIR are independently operated third-party services. The Artist does not own or operate them and cannot make representations or warranties on their behalf.
Your use of Third-Party Launch Services may be separately governed by TokenWorks terms, documentation, interfaces, and smart-contract code.
These Terms govern your legal relationship with the Artist. TokenWorks terms govern your relationship with TokenWorks.
The website or launch interface may use words such as "mint," "support," "back," "acquire," "launch," "position," "settle," or "claim." These interface labels are summaries and may not precisely describe the underlying transaction.
A transaction described informally as a "mint" may instead involve supporting or acquiring a position associated with an NFT that has already been created and deposited into a launch contract.
The deployed smart-contract code determines the mechanical execution and resulting on-chain state of a transaction. These Terms govern the legal relationship between you and the Artist.
11. FWAIR Launch Mechanics
The applicable launch page, official contract addresses, transaction data, deployed code, and TokenWorks documentation determine the exact mechanics of the launch.
Before submitting a transaction, review the current launch phase, contract address, backing price, support deadline, wallet limit, supported count, eligibility restrictions, fees, withdrawal restrictions, possible outcomes, and transaction data presented by your wallet.
No preview, simulation, interface label, documentation statement, social-media post, or customer-support response can reverse or alter a confirmed smart-contract result.
12. Prices, Fees, Artist Earnings, and Taxes
A backing price, support amount, displayed price, or protocol parameter is not an appraisal or representation of the value, rarity, floor price, market price, or worth of an NFT.
A transaction may involve:
- an ETH backing or support amount;
- Ethereum gas fees;
- FWA or FWAIR protocol fees;
- settlement fees;
- NFT marketplace fees;
- wallet or payment-provider fees;
- decentralized-exchange or liquidity-pool fees;
- creator royalties where recognized; and
- other third-party charges.
Fees are determined by the applicable network, deployed contract, protocol, marketplace, or service. The Artist does not control third-party fees.
The Artist may receive:
- FWA depositor or artist earnings;
- protocol-defined fees or rewards assigned to the artist address;
- creator royalties where a marketplace or contract honors them; and
- other compensation expressly disclosed through the Project or launch interface.
Except for refunds or claims expressly made available by smart-contract code or required by nonwaivable law, transactions are final and non-refundable.
You are responsible for determining and paying taxes arising from your acquisition, ownership, receipt, transfer, sale, claim, or disposal of NFTs, ETH, reward tokens, or other digital assets.
The Artist does not provide tax, accounting, legal, or financial advice.
13. Artwork and Collectibles; No Investment or Utility Promise
The Artist creates and distributes the NFTs as artworks and digital collectibles.
The Artist does not offer the NFTs as:
- shares in a business;
- debt obligations;
- deposits;
- managed investments;
- rights to profits or repayment;
- revenue-sharing interests;
- rights in a treasury or reserve;
- governance rights;
- Game items;
- access passes; or
- promises of financial return.
The Artist does not promise that an NFT, support position, ETH claim, FWA reward token, or other digital asset will increase in value, retain value, have liquidity, or be resalable.
No marketplace listing, purchaser, counterparty, floor price, liquidity pool, resale opportunity, or continuing market is promised.
NFTs and reward tokens may have no monetary value and may be impossible to sell.
The existence of protocol-defined backing, ETH outcomes, fees, or reward tokens does not mean that the Artist promises that a supporter will make money, recover the original support amount, receive a particular NFT, or receive rewards with any value.
The Artist does not owe you a fiduciary or advisory duty and has no obligation to monitor your wallet, transactions, financial circumstances, or risk exposure.
Do not acquire or support an NFT based on an expectation of future Game integration, holder utility, partnerships, rewards, airdrops, exchange listings, continued development, or appreciation.
These Terms describe the Artist's intent and relationship with users. They do not determine the regulatory classification of any asset or transaction under applicable law.
14. Technology and Economic Risks
Blockchain networks, smart contracts, wallets, NFTs, and Third-Party Launch Services are experimental technologies involving known and unknown risks.
You understand and accept the risk of:
- smart-contract bugs, vulnerabilities, exploits, or unintended behavior;
- newly deployed, unaudited, partially audited, modified, or incompletely reviewed code;
- errors in interfaces, documentation, simulations, previews, or transaction descriptions;
- phishing, counterfeit collections, spoofed websites, or fraudulent contract addresses;
- wallet compromise, malicious extensions, device compromise, or unauthorized signatures;
- blockchain congestion, failed transactions, delayed confirmation, reorganization, forks, or replay;
- front-running, transaction reordering, maximal extractable value, and other validator or block-builder behavior;
- high gas costs;
- inability to afford the gas needed to claim a low-value NFT, refund, or token;
- RPC, indexer, block-explorer, marketplace, liquidity-pool, API, hosting, or data-provider failure;
- changes to TokenWorks, FWA, FWAIR, marketplaces, wallets, or other third-party systems;
- contracts or positions becoming delayed, stuck, inaccessible, or permanently unusable;
- a launch taking an indefinite period to complete;
- a fully supported launch becoming irreversible despite later technical problems;
- receiving an NFT instead of ETH, or ETH instead of an NFT;
- receiving less ETH than the original backing amount;
- reward tokens having no utility, liquidity, market, or value;
- inability to sell or transfer an NFT;
- marketplace refusal to display or recognize the Collection;
- incorrect or inconsistent rendering of on-chain SVG artwork;
- nonstandard NFT contracts behaving unexpectedly;
- public exposure of wallet and transaction data;
- legal or regulatory changes;
- intellectual-property, trademark, privacy, or publicity-right disputes;
- users avoiding per-wallet limits through multiple addresses; and
- partial or complete loss of funds or value.
An audit, review, code publication, verification report, test suite, or simulation does not guarantee that a contract is secure, correct, compatible, or free from vulnerabilities.
Do not assume that a contract has been independently audited unless the launch page expressly identifies an audit report covering the exact deployed version.
You are responsible for deciding whether you understand and accept these risks. Do not use assets you cannot afford to lose.
15. Game, Leaderboard, and Acceptable Use
The Game is provided for entertainment and artistic purposes.
The Game may associate a wallet address or wallet-authenticated profile with:
- matches played;
- wins and losses;
- leaderboard position;
- gameplay events;
- suspected cheating or abuse; and
- moderation actions.
Game records, rankings, and leaderboard positions:
- are not property;
- have no monetary value;
- do not create a right to compensation;
- may contain errors;
- may be recalculated, corrected, reset, hidden, or deleted; and
- are not guaranteed to remain available.
You may not:
- use bots, scripts, automation, or unauthorized software to play the Game;
- exploit bugs or unintended behavior;
- collude to manipulate results;
- use multiple wallets to manipulate rankings or evade enforcement;
- falsify Game records;
- interfere with another player's connection, wallet, device, or access;
- harass, threaten, impersonate, or abuse another person;
- use the Game for wagering or unauthorized gambling;
- interfere with or attack the Project Services;
- introduce malware or malicious code;
- attempt unauthorized access to systems, wallets, or data;
- use the Project to obtain another person's private key, seed phrase, or signature;
- misrepresent affiliation with the Ethereum Foundation, ethPandaOps, TokenWorks, or the Artist;
- falsely claim that an NFT provides Game utility, financial rights, charitable benefits, or endorsements;
- manipulate NFT markets through wash trading, false volume, deceptive listings, or misleading promotion;
- infringe another person's intellectual-property, privacy, publicity, or contractual rights; or
- use the Project Services for an unlawful, fraudulent, deceptive, or harmful purpose.
The Artist may investigate suspected misconduct, correct records, invalidate matches, remove leaderboard entries, restrict Project-controlled access, or permanently prohibit a wallet from participating in the Game.
A Game suspension does not change NFT ownership or blockchain state.
16. Privacy and Public Blockchain Data
The Project may process information reasonably necessary to operate, secure, and maintain the Project Services, including:
- wallet addresses;
- signed authentication messages;
- authentication timestamps;
- Game results;
- wins and losses;
- leaderboard records;
- selected display names;
- IP addresses;
- browser and device information;
- security, error, and performance logs;
- transaction identifiers;
- communications; and
- information you voluntarily provide.
Blockchain transactions, wallet addresses, NFT ownership, contract interactions, and token transfers are public and may be permanently recorded.
A wallet address and its activity may be associated with a person's identity by marketplaces, analytics providers, counterparties, government authorities, or other third parties.
Leaderboard information may be displayed publicly and associated with a wallet address or selected display name.
The Artist may be able to modify or delete some off-chain records. The Artist cannot delete or obscure information permanently recorded on a public blockchain.
Third-party services process information under their own privacy policies. The Artist is not responsible for their data practices.
If the Artist publishes a separate privacy notice, that notice will provide additional information about data handling.
17. Availability, Changes, and Termination
The Artist may modify, suspend, reset, restrict, or discontinue any Project-controlled feature, including:
- the Project website;
- the Game;
- the leaderboard;
- wallet authentication;
- artwork displays;
- metadata renderers;
- documentation;
- third party social media accounts;
- analytics; and
- links or integrations.
The Artist does not promise to operate or maintain the Project Site, Game, leaderboard, server, API, renderer, or other off-chain feature for any period.
NFT ownership does not create a right to continued Game operation, website hosting, development, support, or future functionality.
The Artist may restrict your access to Project-controlled services if you violate these Terms, create a security risk, engage in abuse, or use the Project Services unlawfully.
Removing or hiding content from a Project-controlled website does not:
- burn or delete an NFT;
- reverse a blockchain transaction;
- cancel a smart-contract position;
- return ETH;
- revoke a token approval;
- remove blockchain data; or
- create a refund right.
If an interface becomes unavailable, you may need to use a block explorer, another interface, or direct smart-contract interaction to inspect or claim an on-chain entitlement. The Artist does not guarantee that an alternative interface will be available or usable.
The Artist may revise these Terms prospectively by publishing an updated version with a new Last Updated date. Material changes may be communicated through the Project Site or another official Project channel.
Where appropriate, the Artist may require renewed acceptance of revised Terms.
18. Disclaimer of Warranties
To the maximum extent permitted by law, the Project Services, Game, Collection, artwork, interfaces, documentation, and information are provided "as is" and "as available."
The Artist disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, availability, security, compatibility, uninterrupted operation, and error-free operation.
The Artist does not warrant that:
- the Project Services will meet your expectations;
- the Game or leaderboard will remain available or accurate;
- a wallet or marketplace will render the artwork correctly;
- a transaction will be confirmed;
- a smart contract will operate as expected;
- an exploit will not occur;
- an NFT will be transferable or saleable;
- a claim will be economically practical to collect;
- gas fees will remain affordable;
- a marketplace, counterparty, or buyer will exist;
- an NFT or reward token will have value;
- a Third-Party Launch Service will remain available;
- a protocol fee or parameter will remain unchanged; or
- the law will continue to treat an activity in the same manner.
No statement by the Artist through social media, interviews, documentation, artwork, or informal communications creates a warranty or binding promise unless it is expressly included in a written agreement signed by the Artist.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.
19. Limitation of Liability
To the maximum extent permitted by law, the Artist and any contractors or service providers assisting with the Project will not be liable for:
- indirect, incidental, special, consequential, exemplary, or punitive damages;
- lost profits, revenue, opportunity, data, goodwill, or anticipated savings;
- changes in the value or liquidity of an NFT, ETH position, reward token, or other asset;
- failed, delayed, reordered, stuck, or irreversible transactions;
- gas fees;
- wallet compromise;
- smart-contract failures or exploits;
- acts or omissions of TokenWorks, FWA, FWAIR, wallets, marketplaces, networks, validators, RPC providers, or other third parties;
- inability to access, display, play, transfer, sell, synchronize, harvest, settle, or claim;
- Game bugs, cheating, ranking errors, or leaderboard resets;
- unauthorized use of the artwork by an NFT owner or third party;
- tax consequences; or
- events outside the Artist's reasonable control.
To the maximum extent permitted by law, the Artist's aggregate liability arising from or relating to the Project Services, Collection, Game, artwork, or these Terms will not exceed the greater of:
- USD 100; or
- the amount you paid directly to the Artist, excluding gas and amounts paid to third-party contracts or services, during the twelve months preceding the event giving rise to the claim.
These limitations apply regardless of the legal theory asserted and even if the possibility of damages was known.
Nothing in these Terms excludes liability that applicable law does not permit to be excluded, including liability to the extent caused by fraud, willful misconduct, or another nonwaivable category.
20. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Artist and any persons assisting with the Project from claims, liabilities, damages, judgments, losses, penalties, costs, and reasonable legal expenses arising from or relating to:
- your violation of these Terms;
- your unlawful or unauthorized use of the Project Services;
- your wallet, signatures, transactions, or instructions;
- your violation of another person's intellectual-property, privacy, publicity, contractual, or other rights;
- your commercial or unauthorized use of the artwork;
- your representation that the Project or an NFT is officially affiliated with or endorsed by another person or organization;
- false or misleading claims you make concerning utility, value, charity, donations, endorsements, future benefits, or financial return;
- Game cheating, manipulation, harassment, or abuse;
- content or a display name you submit;
- a dispute between you and another user; or
- a dispute between you and a third-party service.
The Artist may control the defense of a claim subject to indemnification. You agree to cooperate reasonably and not settle a claim in a manner that imposes an obligation or admission on the Artist without the Artist's written consent.
21. Disputes
Before filing a legal claim concerning the Project Services or these Terms, you and the Artist agree to attempt in good faith to resolve the dispute informally for at least thirty days.
A dispute notice may be submitted through the contact method published on the Project Site. The notice should reasonably describe the relevant events, transactions, wallet addresses, claimed harm, and requested resolution.
These Terms do not select the laws or courts of any particular jurisdiction. Any dispute will be governed by the law and heard in the forum determined under applicable law.
Nothing in these Terms waives any right or remedy that cannot lawfully be waived.
22. General Terms
These Terms and any additional Project terms expressly incorporated by reference constitute the entire agreement between you and the Artist concerning the Project Services.
Third-party services may impose separate agreements governing your relationship with them.
TokenWorks, the Ethereum Foundation, ethPandaOps, and other third parties are not parties to these Terms and are not responsible for the Artist's obligations under them.
If a provision of these Terms is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect.
Failure to enforce a provision is not a waiver.
You may not assign your rights or obligations under these Terms without the Artist's consent. The Artist may assign these Terms in connection with a transfer of the Project, Collection, Game, or related rights.
Headings are for convenience and do not affect interpretation.
The word "including" means "including without limitation."
Electronic acceptance has the same effect as a written signature to the extent permitted by law.
The Artist is not liable for delay or failure caused by events beyond reasonable control, including blockchain or protocol failure, smart-contract exploits, utility or hosting failure, cyberattacks, war, civil unrest, government action, natural disasters, labor disputes, or third-party infrastructure failure.
Sections concerning artwork ownership, license restrictions, risk, disclaimers, liability, indemnification, disputes, and other provisions that by their nature should survive will survive termination of your use of the Project Services.
The English-language version of these Terms controls unless applicable law requires otherwise.
23. Contact
Questions, legal notices, intellectual-property complaints, security reports, and other communications may be submitted through email [email protected].