1. Terms of use license of INDIGENA.ART NFT

Welcome to INDIGENA.ART NFT, operated by DOARE SERVIÇOS FINANCEIROS LTDA. These user license terms and conditions (“Terms”) contain important information about legal rights, remedies and obligations for the user (“You” or “Your” or “User”). By accessing or using the platform (“Platform”), you agree to be bound by these Terms.

If any provision of these Terms or any future amendments are unacceptable to you, do not use or continue to use the Platform and do not mint or purchase the INDIGENA.ART NFT. Your continued use of the Platform following the posting of any notice of any change to these Terms will constitute your acceptance of and agreement to such change.

Please read the terms below carefully. Please contact us at: indigenanft@doare.org if you still have questions.

2. Definitions

“Art” means any artwork, designs and drawings that may be associated with an NFT owned by you.

"NFT" means any blockchain-tracked non-fungible token, such as those conforming to the ERC-721 standard.

“Own” means, with respect to an NFT, an NFT that you have legitimately purchased or otherwise acquired from a legitimate source, where proof of such purchase is recorded on blockchain.

“Extensions” means third-party designs that: (i) are intended to be used as extensions or overlays of the Artwork, (ii) do not modify the Artwork, and (iii) may be removed at any time without affecting the Artwork.

“Acquired NFT” means an NFT that you own.

“Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction of the world.

“Royalty” means the amount payable by the Owner of the NFT to the INDIGENA.ART NFT on each sale on any market, where proof of such purchase is recorded on the blockchain.

3. General Information

The Platform contains a collection of digital works of art (NFTs) running on the Ethereum network. This Platform is just an interface that allows participants to view Digital Arts. You can buy Arted from INDIGENA.ART NFT on the Open Sea Platform https://opensea.io/collection/indigenanft, with the terms of use available at https://opensea.io/tos.

Owners of the INDIGENA.ART NFT have the right to use and display the NFT. You can also do creative things like using or displaying your NFT artwork on physical objects.
You are not allowed to use the INDIGENA.ART NFT for inappropriate activities that are illegal, racist, sexist or homophobic.

The license also does not give you ownership of the art, trademark or other intellectual property associated with the INDIGENA.ART NFT project.

You acknowledge and agree that INDIGENA.ART NFT (or, as applicable, its licensors) owns all legal rights, title and interest in the Art and all intellectual property rights contained therein. The rights you have in the Artwork are limited to those described in this License. INDIGENA.ART NFT reserves all rights to the Art not expressly granted to you in this License.

4. License

The. General/Personal Use: Subject to your continued compliance with the terms of this License, INDIGENA.ART NFT grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy and display the Art of your Purchased NFTs, along with with any Extensions you choose to create or use, solely for the following purposes:

(i) for your personal, non-commercial use;

(ii) as part of a marketplace that allows the buying and selling of your NFTs, provided the marketplace cryptographically verifies each NFT owner's rights to display the Artwork for their purchased NFTs to ensure that only the actual owner can display the Artwork ; or,

(iii) as part of a Third Party Platform or Application that allows the inclusion, engagement or participation of your NFTs, provided that the Platform/App cryptographically verifies each NFT owner's rights to display Artwork for their purchased NFTs to ensure that only the actual owner can display the Artwork, and provided that the Artwork is no longer visible once the owner of the Acquired NFT exits the Platform/Application.

B. Commercial Use: Subject to your continued compliance with the terms of this License, INDIGENA.ART NFT grants you a limited, worldwide, non-exclusive, non-transferable license to use, copy and display the Art for your Purchased NFTs for the purpose of commercializing your own merchandise that includes, contains, or consists of Artwork for your Purchased NFTs (“Commercial Use”), provided that such Commercial Use does not result in you earning more than one hundred thousand dollars ($100,000) in gross revenue each year.

For clarity, nothing in this Section

4.b you will be deemed to be restricted from:

(i) owns or operates a marketplace that permits the use and sale of NFTs generally, provided the marketplace cryptographically verifies each NFT owner's rights to display Artwork for their purchased NFTs to ensure that only the actual owner can display the Art;

(ii) own or operate a Third-Party Platform or Application that allows the inclusion, engagement or participation of NFTs in general, provided that the Third-Party Platform or Application cryptographically verifies each NFT owner's rights to display Artwork for their purchased NFTs to ensure that only the actual owner can display the Artwork, and provided that the Artwork is no longer visible once the owner of the Acquired NFT exits the Platform/App; or,

(iii) obtain income from any of the above items, even when such income exceeds $100,000 (one hundred thousand dollars) per year.

The license granted applies only to the extent that you continue to own the Acquired NFT. If, at any time, you sell, trade, gift, gift, transfer or otherwise dispose of your Acquired NFT for any reason, the license granted in Section 4 will immediately expire in respect of such NFTs without the requirement of prior notice, and you have no further rights to the Artwork in connection with these NFTs.

If you exceed the limitation of $100,000 (one hundred thousand dollars) in annual gross income set forth in Section 4.b above, you are in violation of this License and must email INDIGENA.ART NFT Charity NFT within fifteen (15 ) days, with the phrase “NFT License - Commercial Use” in the subject of the email, requesting a conversation with INDIGENA.ART NFT to sign a broader license agreement or obtain an exemption (which may be granted or withheld at the sole and absolute discretion of INDIGENA.ART NFT).

If you exceed the scope of the license grant in Section 4.b without entering into a broader license agreement or obtaining an exemption from the INDIGENA.ART NFT, you acknowledge and agree that:

(i) you are in violation of this License;
(ii) in addition to any remedies that may be available to INDIGENA.ART NFT by law, INDIGENA.ART NFT may immediately terminate this License without the need for prior notice; and
(iii) you will be responsible for reimbursing INDIGENA.ART NFT for any costs and expenses incurred by INDIGENA.ART NFT during the fulfillment of the terms of this License.

6. Rights of Use

Furthermore, INDIGENA.ART NFT reserves the right to use any artwork, including print or digital advertising, or any purely creative media (including short film, anime, etc.) in support of INDIGENA's community and message. ART NFT.

7. Applicable Law

These Terms will be governed by Brazilian Law. The jurisdiction of the city of São Paulo, in the State of São Paulo, is elected to resolve any disputes arising from these Terms.

8. Contact Information

In case of doubts, doubts, suggestions or complaints, please contact us: indigenanft@doare.org.