“Silent Horror Mansion NFTs” are a collection of artistic works, designs, drawings and other artistic materials relating to the “Silent Horror” web comic (the “Art“) that have been associated with certain blockchain-tracked fungible tokens running on the Ethereum network (an “NFT” and the Silent Horror Mansion NFTs, the “Silent Horror NFTs“).
Subscribers are entirely responsible for the safety and management of their own dealings with the Silent Horror NFTs, including validating all transactions and contracts relating to the Silent Horror NFTs.
This website is operated by Vividthree Holdings Ltd. (the “Company“, and, together with its subsidiaries, the “Group“).
Incorporation of NFT Terms
By participating in any auction for a Silent Horror NFT, you are expressly agreeing to: (1) these NFT Terms; (2) the OpenSea TOS; (3) the applicable Digital Wallet TOS, (4) any special terms embedded on the applicable Silent Horror NFT, and (5) the terms of any other agreement of which you are a party that may govern the permitted transaction concerning a Silent Horror NFT (collectively, the “Applicable Agreements“). If you do not agree to the terms of any of the Applicable Agreements, you are prohibited from participating in an auction for a Silent Horror NFT.
(i) Non-exclusive licence. Each Silent Horror NFT is an NFT on the Ethereum blockchain. When you purchase a Silent Horror NFT, the NFT Holder is entitled to display certain Art associated with that Silent Horror NFT (such Art the “Associated Art“), subject to the NFT Terms.
(ii) Personal Use. The Group grants to an NFT Holder a worldwide, royalty-free license to use, copy, and display the Associated Art, along with any extensions that you choose to create or use, solely for the following purposes:-
(a) for your own personal, non-commercial use;
(b) as part of a marketplace that permits the purchase and sale of the Silent Horror NFT, provided that the marketplace cryptographically verifies each NFT Holder’s rights to display the Associated Art to ensure that only the actual owner can display the Associated Art; or
(c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Silent Horror NFT, provided that the website/application cryptographically verifies each NFT Holder’s rights to display the Associated Art for their Silent Horror NFT to ensure that only the actual owner can display the Associated Art, and provided that the Associated Art is no longer visible once the NFT Holder leaves the website/application.
Without limiting the foregoing, you expressly agree that you have no right to (a) modify the Associated Art; (b) use the Associated Art to advertise, market or sell a product or services; (c) incorporate the Associated Art in videos or other media; (d) or sell merchandise incorporating the Associated Art.
(iii) Transfers. You have the limited right to sell and/or otherwise transfer a Silent Horror NFT you have purchased, provided that (i) the transferee accepts all of the terms of these NFT Terms and the terms of all other Applicable Agreements; and (ii) you have not prior to the transfer violated any of the Applicable Agreements. For clarity, and without limiting anything else herein, the obligations under this section shall apply to all subsequent transfers of a Silent Horror NFT and will be binding upon all future transferees. Upon a transfer, the license set forth above will immediately transfer to the buyer and terminate for the seller.
To the maximum extent permitted by applicable law, in no event will the Group or their respective affiliates, directors, employees and/or officers be liable for any damages suffered by a subscriber for an Silent Horror NFT (such subscriber an “NFT Holder“), or for any special, incidental, indirect, consequential, or similar damages (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of the subscription for, purchase or inability to subscribe for, or access, the Silent Horror NFT, even if the Group has been advised of the possibility of such damages, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
All purchases of Silent Horror NFTs, as well as associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Silent Horror NFT, any disruption to the operations of any components of the Silent Horror NFT, your loss of access to the Silent Horror NFT or any other reason whatsoever.
You are solely responsible for determining what, if any, taxes apply to any Silent Horror NFT transactions.