> For the complete documentation index, see [llms.txt](https://ocyboss.gitbook.io/ocyboss-whitepaper/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://ocyboss.gitbook.io/ocyboss-whitepaper/term-of-use.md).

# Term of use

**1.** **Certain Defined Terms and Related Information**

(a) “NFTs” means blockchain-based tokens complying with the ERC-721/ERC-1155 standard or other similar “non-fungible” token standards. NFTs are intended to be “non-fungible” tokens representing a unique Digital Asset; however, certain NFTs may be fungible with one another (i.e., all such NFTs are associated with the same digital asset metadata) while being non-fungible with other NFTs (i.e., such NFTs are associated with different digital asset metadata).

(b) oCyboss NFT is a unique collection representing the equality of human beings. Each NFT is a one-of-a-kind jewel of 2,222 oCyboss which is based on the Solana blockchain.

**2. What We Own**

The name and Intellectual Property involved in the oCyboss NFT Project are owned by our team. All rights that are not specifically granted to the users and owners of oCybosss below are reserved by the team. This includes but is not limited to the intellectual property rights surrounding the images, names, logos, 3D layer files, trademarks, the website, the ability to mint 3D or voxel or other versions of OCybosss, the look and feel of the user interface, the smart contract code, or anything else not specifically granted by any following licenses.&#x20;

**3. What You Own and What You Can Do With It**

By connecting your wallet and minting an NFT with our smart contract, you have purchased an oCyboss With this NFT you can show it off, use it as your pfp, sell it, and even merchandise it for up to $100,000 through the sale of physical merch or using your full oCyboss in a piece of art you may create. Should you approach that number or expect to go beyond it please reach out to the team and we’ll discuss a licensing deal for anything beyond that amount.

**4. Specifics on Commercial and Derivative Rights**

We appreciate your desire to utilize oCybosss in various commercial ways, and we are open to you doing just that! When it comes to limiting commercial rights, however, we want you as an NFT holder to realize that you may use the oCyboss image in its fullness only! The individual layered files and traits are proprietary and are our own creations. We don’t want to see any other projects utilizing our individually crafted layers, so we are not open to you minting new NFTs that are derivatives of our project, changing the original oCyboss, or minting another full project using our oCyboss in any way. Other than that, you can create whatever merchandise you would like up to $100,000 USD, and should you approach that number or expect to go beyond it please reach out to the team and we’ll discuss a licensing deal for anything beyond that amount. To limit the use even on merchandise, the user shall not use any oCybosss Licensed Materials in connection with any material, which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations and you shall indemnify and defend oCybosss. against any claims, damages, proceedings, loss, or costs arising from such use. User shall not use the oCybosss Licensed Materials in any way that could be construed as being adverse or derogatory to the image of oCybosss or any of its subjects featured in the NFTs. We have the right to disable the transferability of its NFTs for any reason, including without limitation to comply with applicable laws. As such, you acknowledge that you may be unable to resell your NFT. These Terms shall be binding upon any subsequent purchaser or borrower of an oCyboss NFT. Purchasers of secondary market oCyboss NFTs will be required to attest to and comply with the Terms and Community Code of Conduct before they will gain access to exclusive benefits of community membership.

**5. No Guarantees or Future Promises**

We hope to put out more content and create things in the future that you can all be proud of and have outlined many of our intentions as such. When you purchase your oCyboss, you agree that your purchase from our initial launch of NFTs is all you are guaranteed to receive in exchange for your funds. Whether through primary or secondary channels, the art is what you receive. Any future benefits are ancillary to this purchase and are not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by oCybosss in using this site and participating in our NFT launch.&#x20;

6\. **Assumption of Risk**

You acknowledge and agree:

The prices of crypto assets are extremely volatile.  oCyboss makes no guarantees as to future prices or liquidity of its NFTs.  You should not purchase an oCyboss NFT with a view to investment, resale, or speculation.  We make no assurances about its NFTs with respect to present value, future value, transferability, or marketability. You acknowledge that oCyboss NFT's are not securities and their value may go to zero.

We do not maintain custody of its NFTs and have no control over them.  NFTs are stored on the blockchain and accessed through your digital wallet credentials.  If you lose access to your digital wallet credentials, then you will lose access to your NFTs and there is nothing we can do to restore it.

You assume the risks inherent to using browser-compatible “hot wallets,” including the risk that your browser extension will be hacked.

oCyboss has no control over third parties, including without limitation third-party NFT marketplaces. Unless specifically stated otherwise, oCyboss’ smart contracts are offered strictly on an “as-is” basis. You may view the source code at:&#x20;

**7. Taxes**

You are entirely responsible for any tax liability which may arise from minting or reselling your oCybosss.

**8. Children**

The OCybosss project is not targeted toward children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.

**9. Disclaimer of Warranties**

OCYBOSS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE NFTS OR ITS SMART CONTRACTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

&#x20;

**10. Arbitration; Waiver of Jury Trial**

Any disputes arising out of or related to your purchase of an NFT from oCyboss shall be submitted to binding arbitration in Boulder County, Colorado before a single arbitrator of the American Arbitration Association (“AAA”). The AAA Consumer Rules shall govern the proceeding.  The arbitrator shall be a licensed attorney selected by application of the Consumer Rules of the AAA, or by mutual agreement of the parties.  The arbitrator’s award shall be final and binding upon the parties.

BY PURCHASING A oCyboss NFT, YOU SPECIFICALLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND REQUEST A TRIAL BY JURY.


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