🔎Additional Terms
NFT Description. Through the TextRP NFT service you may be permitted to purchase and subsequently pay for (together, “Purchase”) certain non-fungible tokens created by Xurge Digital Lab, LLC, a North Carolina corporation. These Additional Terms (“Additional Terms”) describe your rights and obligations with respect to such NFTs.
Ownership and License.
2.1 Ownership. Purchasing a TextRP NFT entitles you to the ownership of the NFT. Except as set forth below, you may use or resell the NFT as you choose, provided that any purchaser of a resold NFT (“Secondary Sale”) will also be subject to these Additional Terms. Immediately following any Secondary Sale, your ownership of the NFT and any associated licenses provided under these Additional Terms will terminate. Your Purchase of, and the transfer of ownership of, the NFT is subject to your agreeing to these Additional Terms, any applicable Terms of Use, and the TextRP Terms of Service. As between you and Xurge Digital Lab, LLC, and notwithstanding any term or condition of the TextRP Terms of Service, in the event of any conflict between the TextRP Terms of Service, any applicable Auction Terms of Use, and these Additional Terms, the terms shall control in the following order: these Additional Terms, the Terms of Use, and the TextRP Terms of Service.
2.2 License. Subject to your complete and ongoing compliance with these Additional Terms, the TextRP Terms of Service, and any other terms governing your relationship with Xurge Digital Lab, LLC or TextRP, Xurge Digital Lab, LLC grants you, Xurge Digital Lab, LLC grants you, solely for your personal or commercial use, a limited, non-exclusive, non-transferable (except in connection with a Secondary Sale), non-sublicensable, revocable license to use any feature accessible by the NFT or to participate in any reward program accessible by the NFT; and solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable (except in connection with a Secondary Sale), non-sublicensable, revocable license to use intellectual property (or related intellectual property rights) included in the NFT (“NFT IP”) solely as included in the NFT. For clarity, except for the foregoing license, neither your Purchase of the NFT nor these Additional Terms grant you any other license or rights to any NFT IP.
2.3 License and Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
Profit from, otherwise commercialize, or license the NFT, including in connection with the marketing, advertising, or selling of any third party product, except as part of a Secondary Sale;
Modify the NFT in any way or combine the NFT with, or embed the NFT into, any digital or other content or media;
Use the NFT in any manner which infringes upon the intellectual property rights or accessibility to the application of any person or entity;
Use the NFT in connection with or to promote any illegal activity, speech deemed unlawful, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of Xurge Digital Lab, LLC;
Commit any of the foregoing actions with respect to the NFT IP;
Use the NFT IP except as incorporated in the NFT; or
Encourage or permit any third party to do any of the foregoing.
2.4 Royalties. 5% of any amounts payable to you upon a Secondary Sale on the XRP Ledger shall be remitted to Xurge Digital Lab, LLC as a royalty hereunder.
Disclaimer. NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE PUBLIC XRP LEDGER. TEXTRP NFT, XURGE DIGITAL LAB, LLC, THE USERS OF THE APP, AND EACH OF THEIR AFFILIATES HAVE NO CONTROL OVER AND MAKE NO PROMISES OR GUARANTEES WITH RESPECT TO XRP OR THE XRPL. YOU AGREE THAT TEXTRP NFT, XURGE DIGITAL LAB, LLC, ANY USER OF THE APPLICATION, AND EACH OF THEIR AFFILIATES ARE NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR ANY ISSUES OR LOSSES RELATED TO THE NFT, THE PUBLIC XRP LEDGER, OR YOUR DIGITAL WALLET.
Eligibility. In order to Purchase the NFT you must be 18 years of age or older or the age of majority in your jurisdiction, whichever is greater.
Assumption of Risk. The value of NFTs is subjective and therefore can be volatile. NFTs and similar assets are collectibles and have no inherent or intrinsic value. TextRP NFT and Xurge Digital Lab, LLC do not and cannot guarantee that any NFTs purchased will retain their original value. You agree to assume all risk associated with the use and value of the NFT.
Governing Law. These Additional Terms shall be governed by the laws of the State of North Carolina.
Arbitration. No Class Action.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Your Purchase of an NFT constitutes your acceptance of this Arbitration provision. As a condition to purchasing the NFT, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the NFT (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
Changes to Terms. We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
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