Grateful INSCRIPTION TERMS
Last Updated: March 4, 2023
These Terms (the “Terms”) are a binding agreement between Artatak Vision LLC. (“Artatak”) and any Permitted Holder of a Grateful Inscription (each as defined below).
IMPORTANT NOTICE REGARDING ARBITRATION:BY ACCEPTING THESE TERMSYOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Artatak THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 6 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 6 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 5 (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.
1. Definitions. “Grateful Ordinals” means one of 300 satoshis (i.e., a smallest unit of one bitcoin) inscribed by Artatak with a unique piece of digital art. “Permitted Holder” means a holder of a Grateful Inscription that is not a person or entity who: (a) resides in, is a citizens of, is located in, is incorporated in, or has a registered office in any state, country, or other jurisdiction that is designated by the U.S. Secretary of State as a country supporting international terrorism, or to which U.S. nationals cannot lawfully engage in transactions as designated by the Office of Foreign Assets Control (OFAC); or (b) is listed on the OFAC specially designated nationals, blocked persons list, or any other consolidated prohibited persons list as determined by any applicable governmental authority.
2. Art.
* Subject to your acceptance of, and compliance with, these Terms, upon acquiring a grateful Inscription and for so long as you are a Permitted Holder of your grateful Inscription, Artatak hereby grants to you a non-exclusive, universe-wide, royalty-free, revocable license to use, copy, and display the art inscribed in your Grateful Inscription (“Your Art”) solely for your own personal, non-commercial use.
* You may not use Your Art in a manner that (a) expresses hate or prejudice or encourages violence towards a person or group based on membership in a protected class, such as race, religion, gender, orientation or disability, or (b) violates applicable law.
* The license in this Section 2 is non-transferable. You may grant reasonable sublicenses (e.g., hosting providers, social media platforms, printers) in furtherance of the grant of rights above (i.e., for person use and not commercial use), but no other sublicenses are permitted.
* Upon the transfer of your Grateful Inscription to a new holder, your license to Your Art under these Terms will immediately and automatically terminate, and you must discontinue any use of Your Art.
* In the event of a fork of the Bitcoin blockchain, the foregoing rights shall only apply to Your Art as recorded on the version thereof determined by Artatak in its sole discretion.
* All rights not expressly granted herein are reserved by Artatak.
3. Warranty Disclaimers
* EACH Grateful INSCRIPTION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Artatak EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Artatak MAKES NO WARRANTY THAT YOUR Grateful INSCRIPTION WILL MEET YOUR REQUIREMENTS, BE CONTINUALLY DISPLAYED, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
* Artatak WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS IN CONNECTION WITH YOUR Grateful INSCRIPTION AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR INABILITY TO USE YOUR Grateful INSCRIPTION OR YOUR ART, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH (WITHOUT LIMITATION) AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) THE BEHAVIOR OR OUTPUT OF ANY SOFTWARE, NODE SERVER ERROR OR FAILURE, OR DATA LOSS OR CORRUPTION; (III) ANY FEATURES, DEVELOPMENT, ERRORS, OR OTHER ISSUES WITH BLOCKCHAIN NETWORKS OR WALLETS; (IV) UNAUTHORIZED ACCESS TO YOUR Grateful INSCRIPTION OR ANY DIGITAL WALLET HOLDING ANY Grateful INSCRIPTION; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION, THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
* EACH Grateful INSCRIPTION IS AN INTANGIBLE DIGITAL ASSET THAT EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BITCOIN BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BITCOIN BLOCKCHAIN, WHICH Artatak DOES NOT CONTROL. TRANSACTIONS INVOLVING Grateful INSCRIPTIONS RELY ON THIRD-PARTY DECENTRALIZED PLATFORMS AND SYSTEMS. Artatak DOES NOT MAINTAIN, CONTROL, OR ASSUME ANY OBLIGATIONS WITH RESPECT TO SUCH PLATFORMS OR SYSTEMS.
* SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Artatak, ITS LICENSORS, AFFILIATES, REPRESENTATIVES, STOCKHOLDERS, AND SERVICE PROVIDERS, AND EACH OF THEM, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “Artatak PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, 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 FROM THE USE OF OR INABILITY TO USE OR INTERACT WITH YOUR Grateful INSCRIPTION OR YOUR ART, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Artatak PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL Artatak PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR THE USE OF OR INABILITY TO USE OR INTERACT WITH YOUR Grateful INSCRIPTION OR YOUR ART, OR ANY OF THE RIGHTS GRANTED HEREIN, EXCEED ONE HUNDRED U.S. DOLLARS ($50). BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Artatak.
5. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as expressly set forth in Section 6 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) will be the state and federal courts located in the State of Delaware, and you and Artatak each waive any objection to jurisdiction and venue in such courts.
1. Amendments. Artatak reserves the right to clarify or amend these Terms by publicly publishing a new version of them, including, but not limited to, on https://grateful.artatak.io, or any successor website.
2. General Terms.These Terms constitute the entire and exclusive understanding and agreement between artatak and you regarding the subject matter hereof, and these Terms supersede and replace all prior oral or written understandings or agreements between Artatak and you regarding such subject matter. If any provision of these Terms is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms will transfer and be binding upon and will inure to the benefit of the parties and their permitted successors and assigns. No provision of these Terms is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person or entity other than you and Artatak and each party’s respective successors and permitted assigns. The parties have agreed to contract electronically, and accordingly, electronic signatures or any other forms of acceptance permitted by law will be given the same effect and weight as original signatures.Last Updated: March 4, 2023
These Terms (the “Terms”) are a binding agreement between Artatak Vision LLC. (“Artatak”) and any Permitted Holder of a Grateful Inscription (each as defined below).
IMPORTANT NOTICE REGARDING ARBITRATION:BY ACCEPTING THESE TERMSYOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Artatak THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 6 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 6 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 5 (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.
1. Definitions. “Grateful Ordinals” means one of 300 satoshis (i.e., a smallest unit of one bitcoin) inscribed by Artatak with a unique piece of digital art. “Permitted Holder” means a holder of a Grateful Inscription that is not a person or entity who: (a) resides in, is a citizens of, is located in, is incorporated in, or has a registered office in any state, country, or other jurisdiction that is designated by the U.S. Secretary of State as a country supporting international terrorism, or to which U.S. nationals cannot lawfully engage in transactions as designated by the Office of Foreign Assets Control (OFAC); or (b) is listed on the OFAC specially designated nationals, blocked persons list, or any other consolidated prohibited persons list as determined by any applicable governmental authority.
2. Art.
* Subject to your acceptance of, and compliance with, these Terms, upon acquiring a grateful Inscription and for so long as you are a Permitted Holder of your grateful Inscription, Artatak hereby grants to you a non-exclusive, universe-wide, royalty-free, revocable license to use, copy, and display the art inscribed in your Grateful Inscription (“Your Art”) solely for your own personal, non-commercial use.
* You may not use Your Art in a manner that (a) expresses hate or prejudice or encourages violence towards a person or group based on membership in a protected class, such as race, religion, gender, orientation or disability, or (b) violates applicable law.
* The license in this Section 2 is non-transferable. You may grant reasonable sublicenses (e.g., hosting providers, social media platforms, printers) in furtherance of the grant of rights above (i.e., for person use and not commercial use), but no other sublicenses are permitted.
* Upon the transfer of your Grateful Inscription to a new holder, your license to Your Art under these Terms will immediately and automatically terminate, and you must discontinue any use of Your Art.
* In the event of a fork of the Bitcoin blockchain, the foregoing rights shall only apply to Your Art as recorded on the version thereof determined by Artatak in its sole discretion.
* All rights not expressly granted herein are reserved by Artatak.
3. Warranty Disclaimers
* EACH Grateful INSCRIPTION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Artatak EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Artatak MAKES NO WARRANTY THAT YOUR Grateful INSCRIPTION WILL MEET YOUR REQUIREMENTS, BE CONTINUALLY DISPLAYED, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
* Artatak WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS IN CONNECTION WITH YOUR Grateful INSCRIPTION AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR INABILITY TO USE YOUR Grateful INSCRIPTION OR YOUR ART, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH (WITHOUT LIMITATION) AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) THE BEHAVIOR OR OUTPUT OF ANY SOFTWARE, NODE SERVER ERROR OR FAILURE, OR DATA LOSS OR CORRUPTION; (III) ANY FEATURES, DEVELOPMENT, ERRORS, OR OTHER ISSUES WITH BLOCKCHAIN NETWORKS OR WALLETS; (IV) UNAUTHORIZED ACCESS TO YOUR Grateful INSCRIPTION OR ANY DIGITAL WALLET HOLDING ANY Grateful INSCRIPTION; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION, THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
* EACH Grateful INSCRIPTION IS AN INTANGIBLE DIGITAL ASSET THAT EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BITCOIN BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BITCOIN BLOCKCHAIN, WHICH Artatak DOES NOT CONTROL. TRANSACTIONS INVOLVING Grateful INSCRIPTIONS RELY ON THIRD-PARTY DECENTRALIZED PLATFORMS AND SYSTEMS. Artatak DOES NOT MAINTAIN, CONTROL, OR ASSUME ANY OBLIGATIONS WITH RESPECT TO SUCH PLATFORMS OR SYSTEMS.
* SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Artatak, ITS LICENSORS, AFFILIATES, REPRESENTATIVES, STOCKHOLDERS, AND SERVICE PROVIDERS, AND EACH OF THEM, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “Artatak PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, 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 FROM THE USE OF OR INABILITY TO USE OR INTERACT WITH YOUR Grateful INSCRIPTION OR YOUR ART, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Artatak PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL Artatak PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR THE USE OF OR INABILITY TO USE OR INTERACT WITH YOUR Grateful INSCRIPTION OR YOUR ART, OR ANY OF THE RIGHTS GRANTED HEREIN, EXCEED ONE HUNDRED U.S. DOLLARS ($50). BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Artatak.
5. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as expressly set forth in Section 6 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) will be the state and federal courts located in the State of Delaware, and you and Artatak each waive any objection to jurisdiction and venue in such courts.
1. Amendments. Artatak reserves the right to clarify or amend these Terms by publicly publishing a new version of them, including, but not limited to, on https://grateful.artatak.io, or any successor website.
2. General Terms.These Terms constitute the entire and exclusive understanding and agreement between artatak and you regarding the subject matter hereof, and these Terms supersede and replace all prior oral or written understandings or agreements between Artatak and you regarding such subject matter. If any provision of these Terms is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms will transfer and be binding upon and will inure to the benefit of the parties and their permitted successors and assigns. No provision of these Terms is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person or entity other than you and Artatak and each party’s respective successors and permitted assigns. The parties have agreed to contract electronically, and accordingly, electronic signatures or any other forms of acceptance permitted by law will be given the same effect and weight as original signatures.